In a concurring opinion, Justice Brett Kavanaugh laid out his thoughts on the matter: “I join the Majority’s penetrative analysis, and write to make clear that our decision today has deep, deep ramifications for law enforcement. When a person is unconscious, others need to make decisions on their behalf. I know I’ve certainly had to. Working quickly matters when a person is too intoxicated to consent. The law cannot allow legalities to unnecessarily get in the way of a required bodily intrusion, whether the intruder is a needle, or something that merely resembles a needle. The message is, a drunk and inanimate person is violating public safety, so their Fourth Amendment rights will also be violated.”
Headline by Paul Klingle, Story By Andrew Froese and Joe Lichtblau