breath-test
4 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 22-776 | Courtney Drake v. Georgia | Georgia | 2023-02-17 | Denied | Amici (1)Response Waived | blood-draw blood-test breath-test due-process dui fourth-amendment implied-consent self-incrimination warrantless-search | The Petitioner, a Georgia motorist who was arrested for driving under the influence of alcohol, refused to submit to a warrantless blood test. Breath … |
| 21-8038 | Alberic Nault v. California | California | 2022-06-02 | Denied | Response WaivedIFP | blood-draw breath-test fourth-amendment medical-condition probable-cause search-and-seizure unconscious warrant-requirement warrantless-search | 1. Where a driver's medical condition precludes a reasonable opportunity to administer a breath test, does the Fourth Amendment always permit a warran… |
| 20-104 | Brian Smith v. Washington | Washington | 2020-07-31 | Denied | Response Waived | blood-draw breath-test excessive-force force fourth-amendment medical-consent needle-phobia search-and-seizure warrant | 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 Fourt… |
| 18-8754 | Richard D. Pomeroy v. Municipality of Anchorage, Alaska | Alaska | 2019-04-10 | Denied | Response WaivedIFP | 4th-amendment blood-test breath-test civil-penalties civil-rights constitutional-rights due-process fourth-amendment-search-and-seizure minor-traffic-infraction probable-cause search-and-seizure traffic-infraction traffic-stop | Should civil penalties been imposed on petitioner (Pomeroy) for refusal to submit to a breath test, when an intrusive blood test was administered to p… |