No. 20-576

Sharon Darlene Lopez v. California

Lower Court: California
Docketed: 2020-10-30
Status: Denied
Type: Paid
Response Waived
Tags: blood-draw civil-rights consent constitutional-rights driving-privilege due-process fourth-amendment implied-consent search warrantless-search
Key Terms:
ERISA FourthAmendment FifthAmendment CriminalProcedure Patent Privacy JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purposes of searches conducted to determine whether said motorist is driving under the influence of a drug of alcohol?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purposes of searches conducted to determine whether said motorist is driving under the influence of a drug of alcohol? 2. Can a motorist be found to have knowingly consented to a search when the state provides no indication that said motorist can require the state to acquire a warrant to conduct the search? 3. Is California's Implied Consent Statute unconstitutional as violating the Fourth Amendment of the United States Constitution? i

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-03
Waiver of right of respondent State of California to respond filed.
2020-10-26
Petition for a writ of certiorari filed. (Response due November 30, 2020)

Attorneys

Sharon Lopez
Kenneth Cleon BrooksLaw Offices of Kenneth C. Brooks, Petitioner
Kenneth Cleon BrooksLaw Offices of Kenneth C. Brooks, Petitioner
State of California
R. Todd MarshallCalif. Dept. of Justice, Respondent
R. Todd MarshallCalif. Dept. of Justice, Respondent