No. 18-1247

Robert Alan Ries v. Oregon

Lower Court: Oregon
Docketed: 2019-03-26
Status: Denied
Type: Paid
Response Waived
Tags: affidavit blood-sample constitutional-rights criminal-procedure fourth-amendment particularity-requirement probable-cause search-and-seizure warrant-particularity
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Does a warrant commanding the police to seize a blood sample from a person with an entirely different name than the defendant violate the Fourth Amendment's particularity requirement, even if the warrant is based on an affidavit that correctly names the defendant?

Question Presented (from Petition)

QUESTION PRESENTED The Fourth Amendment to the Constitution provides, in part, that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Does a warrant commanding the police to seize a blood sample from a person with an entirely different name than the defendant violate the Fourth Amendment’s particularity requirement, even if the warrant is based on an affidavit that correctly names the defendant?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-11
Waiver of right of respondent Oregon to respond filed.
2019-02-06
Petition for a writ of certiorari filed. (Response due April 25, 2019)

Attorneys

Oregon
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent
Robert Alan Ries
Bear Wilner-NugentBear Wilner-Nugent, Counselor and Attorney at Law, Petitioner
Bear Wilner-NugentBear Wilner-Nugent, Counselor and Attorney at Law, Petitioner