No. 19-693
Response Waived
Tags: blood-alcohol-content blood-draw coercion consent dui fourth-amendment officer-authority probable-cause search-and-seizure
Key Terms:
FourthAmendment HabeasCorpus Privacy
FourthAmendment HabeasCorpus Privacy
Latest Conference:
2020-02-21
Question Presented (AI Summary)
Is a motorist's consent to a blood draw, for purposes of determining blood-alcohol content, voluntary within the meaning of the Fourth Amendment where the motorist selects blood after unlawfully being instructed by the arresting officer that he was 'required to submit' to either breath or blood testing?
Question Presented (from Petition)
QUESTION PRESENTED FOR REVIEW The question presented: Is a motorist’s consent to a blood draw, for purposes of determining bloodalcohol content, voluntary within the meaning of the Fourth Amendment where the motorist selects blood after unlawfully being instructed by the arresting officer that he was “required to submit” to either breath or blood testing?
Docket Entries
2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-23
Waiver of right of respondent California to respond filed.
2019-11-26
Petition for a writ of certiorari filed. (Response due January 2, 2020)
Attorneys
Peter Balov
David Sanders Wilson — The Law Office of David S. Wilson, APC, Petitioner
David Sanders Wilson — The Law Office of David S. Wilson, APC, Petitioner
The State of California
Shelley A. Webb — San Diego City Attorney's Office, Respondent
Shelley A. Webb — San Diego City Attorney's Office, Respondent
Jonathan Irving Lapin — San Diego City Attorney's Office, Respondent
Jonathan Irving Lapin — San Diego City Attorney's Office, Respondent