No. 19-5326

Sean Frederik Franke v. Florida

Lower Court: Florida
Docketed: 2019-07-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment blood-draw blood-extraction civil-rights drunk-driving due-process exigent-circumstances fourth-amendment missouri-v-mcneely probable-cause warrant-requirement warrantless-search
Key Terms:
FourthAmendment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Court should resolve the question of whether law enforcement officers can rely on the exigent circumstance exception to the Fourth Amendment warrant requirement to justify the warrantless extraction of blood from a suspected drunk driver when no attempt was made to obtain a warrant and no evidence was presented that a warrant judge was unavailable

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Whether the Court should resolve the following question for which the state courts are split: can law enforcement officers rely on the exigent circumstance exception to the Fourth Amendment warrant requirement to justify the warrantless extraction of blood from a suspected drunk driver when the officers make no attempt to obtain a warrant prior to forcibly taking the blood sample and presented no evidence that a warrant judge was actually unavailable (which, in essence, would create another per se exigency in contravention of the Court’s holding in Missouri v. McNeely, 569 U.S. 141 (2018)). il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii

Docket Entries

2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-26
Waiver of right of respondent State of Florida to respond filed.
2019-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)
2019-04-24
Application (18A1082) granted by Justice Thomas extending the time to file until July 20, 2019.
2019-04-18
Application (18A1082) to extend the time to file a petition for a writ of certiorari from May 21, 2019 to July 20, 2019, submitted to Justice Thomas.

Attorneys

Sean Frederik Franke
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent