No. 20-104
Response Waived
Tags: blood-draw breath-test excessive-force force fourth-amendment medical-consent needle-phobia search-and-seizure warrant
Key Terms:
FourthAmendment DueProcess Privacy
FourthAmendment DueProcess Privacy
Latest Conference:
2020-09-29
Question Presented (AI Summary)
Fourth-Amendment
Question Presented (OCR Extract)
QUESTION PRESENTED When the subject of a warrant for a routine blood draw to detect alcohol indicates he is needle-phobic and has agreed to a breath test, does the Fourth Amendment permit the State to place numerous large men on the suspect, threaten him with a taser, place him in fourpoint restraints, and inject him with antipsychotic drugs as a general sedative to draw his blood, or does it require a breath test or a second warrant from a magistrate fully informed of the circumstances to authorize such force? qi STATEMENT OF
Docket Entries
2020-10-05
Petition DENIED.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-08-19
Waiver of right of respondent Washington to respond filed.
2020-07-27
Petition for a writ of certiorari filed. (Response due August 31, 2020)
Attorneys
Brian Smith
Lenell Rae Nussbaum — Law Office of Lenell Nussbaum, PLLC, Petitioner
Lenell Rae Nussbaum — Law Office of Lenell Nussbaum, PLLC, Petitioner
Washington
Hilary A. Thomas — Whatcom County Prosecuting Attorney's Office, Respondent
Hilary A. Thomas — Whatcom County Prosecuting Attorney's Office, Respondent