No. 20-104

Brian Smith v. Washington

Lower Court: Washington
Docketed: 2020-07-31
Status: Denied
Type: Paid
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
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 NussbaumLaw Office of Lenell Nussbaum, PLLC, Petitioner
Lenell Rae NussbaumLaw Office of Lenell Nussbaum, PLLC, Petitioner
Washington
Hilary A. ThomasWhatcom County Prosecuting Attorney's Office, Respondent
Hilary A. ThomasWhatcom County Prosecuting Attorney's Office, Respondent