Kevin Neysmith v. Pennsylvania
FourthAmendment CriminalProcedure Privacy
Whether the Fourth Amendment prohibits State judicial systems from admitting evidence of blood alcohol content obtained without a search warrant
QUESTIONS PRESENTED FOR REVIEW . Ground I. Whether the Fourth Amendment prohibits State judicial ee : systems from admitting evidence of blood alcohol content obtained ; without a search warrant pursuant to this Honorable Court’s a : principles in Birchfield _v. North Dakota, 136 S.Ct. 2160 (2016) when Pennsylvania’s O’Connell warnings were utilized after, and . irrespective of, an individual’s personal request for blood tests given . before police informed them of criminal penalties for any subsequent refusal, which generates fruits of the poisonous tree? : OF . ' "(Proposed Answer in the Positive) . PARTIES . . The Pro Se Petitioner in the above captioned matter is Mr. Kevin Adrian , Neysmith, (Mr. Neysmith), who resides at the State Correctional Institution at : Rockview, 1 Rockview Place, Bellefonte, PA 16823. Respondent in the above ’ captioned matter is the Commonwealth of Pennsylvania represented by Matthew : ; Fogal, Esq., Franklin County District Attorney whose office is located at 157 Lincoln Way East, Chambersburg, PA 17201. Oe : :