implied-consent
19 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-407 | Scott Breimeister v. United States | Fifth Circuit | 2025-10-06 | Pending | Amici (1)Response RequestedResponse Waived | double-jeopardy government-misconduct implied-consent mistrial prosecutorial-misconduct strict-scrutiny | What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim, and does strict scrutiny apply t… |
| 25-5304 | Jonathan David Loggins v. Ronny Albert, et al. | Eighth Circuit | 2025-08-08 | Denied | IFP | due-process excessive-force fourth-amendment implied-consent rule-15b summary-judgment | Whether the lower courts' refusal to recognize implied consent for a fully litigated excessive force claim conflicts with controlling precedents of th… |
| 24-5062 | Amanda Reynolds v. City of Sandy, Utah | Utah | 2024-07-12 | Denied | IFP | birchfield-v-north-dakota constitutional-violation due-process exclusionary-rule fifth-amendment first-amendment fourth-amendment implied-consent miranda-rights sixth-amendment standing-mootness-public-interest-doctrine | Does Petitioner have standing to challenge the constitutionality of Utah's Implied Consent Statute? |
| 24-32 | Donavan J. White Owl, aka DJ v. United States | Eighth Circuit | 2024-07-12 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy eighth-circuit implied-consent manifest-necessity mistrial waiver | Whether implied consent is valid consent to waive double jeopardy protections, and if so, what qualifies as implied consent? |
| 23-7773 | Christopher Marcel Esqueda v. United States | Ninth Circuit | 2024-06-21 | Denied | Response WaivedIFP | consent Florida-v-Jardines fourth-amendment fourth-amendment-search implied-consent implied-license jardines-precedent law-enforcement property-based-test property-rights search search-and-seizure secret-recording undercover-agent | Fourth-Amendment-search |
| 23-7385 | Jacob Paul Bermel v. United States | Eighth Circuit | 2024-05-06 | Denied | Response WaivedIFP | consent electronic-device failure-to-object fourth-amendment implied-consent minor-consent search search-and-seizure warrantless-search | Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment? |
| 22-7815 | Joseph Carl Stanley v. Martin Biter, Warden | Ninth Circuit | 2023-06-20 | Denied | Response WaivedIFP | double-jeopardy due-process habeas-review implied-consent judicial-norms mistrial ninth-circuit state-law | Double-jeopardy-challenge |
| 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 | Whether the government can use a motorist's refusal of a warrantless blood test as evidence of guilt |
| 21-6140 | Leonard Morrison v. United States | Fifth Circuit | 2021-11-01 | Denied | Response WaivedIFP | 4th-amendment community-caretaking consent exigent-circumstances fourth-amendment home-search implied-consent law-enforcement probable-cause search-and-seizure warrantless-entry | Whether a court can find voluntary 'implied consent' to a warrantless home entry when the officer did not request permission to enter and was unaware … |
| 20-576 | Sharon Darlene Lopez v. California | California | 2020-10-30 | Denied | Response Waived | blood-draw civil-rights consent constitutional-rights driving-privilege due-process fourth-amendment implied-consent search warrantless-search | Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purposes o… |
| 19-996 | Lindsay Waters v. Georgia | Georgia | 2020-02-10 | Denied | Amici (1)Response Waived | civil-rights coercion due-process dui dui-testing fourth-amendment implied-consent search-and-seizure warrantless-search | Whether the Fourth Amendment permits police to coerce submission to a warrantless blood test |
| 19-622 | Thomas S. Bell v. Pennsylvania | Pennsylvania | 2019-11-15 | Denied | Response Waived | blood-test criminal-procedure driving-under-influence driving-under-the-influence due-process evidence evidence-of-guilt fourth-amendment implied-consent search-and-seizure warrantless-search | Whether a motorist's assertion of his Fourth Amendment right to refuse consent to a warrantless blood test may be used as evidence of guilt for the of… |
| 18-1458 | Charles J. Vernier v. Debra Gallegos | New Mexico | 2019-05-22 | Denied | Response Waived | 42-usc-1983 4th-amendment 4th-amendment-search burden-of-proof circuit-precedent circuit-split civil-rights clearly-established clearly-established-law consent consent-burden fourth-amendment implied-consent qualified-immunity search-and-seizure | Did the state appellate court err in failing to apply the standards set forth in federal case law regarding 42 U.S.C. § 1983 and the qualified immunit… |
| 18-1084 | Minnesota v. Mark Jerome Johnson | Minnesota | 2019-02-21 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | collateral-review constitutional-law criminal-procedure due-process dui fourth-amendment implied-consent retroactive-application retroactivity search-and-seizure warrant-requirement | Retroactive application of Birchfield v. North Dakota rule on warrantless blood tests |
| 18-954 | Cory Speelman v. Ohio | Ohio | 2019-01-25 | Denied | Response RequestedResponse WaivedRelisted (3) | blood-draw fourth-amendment implied-consent search-and-seizure search-warrant unconscious unconscious-person warrant warrant-exception | Should the Court revisit Birchfield v. North Dakota to resolve a split in the States: does the Fourth Amendment permit statutory 'implied consent' to … |
| 18-7148 | Austin Ray v. United States | Tenth Circuit | 2018-12-21 | Denied | Response WaivedIFP | arrest custody custody-rights detainer habeas-corpus implied-consent interstate-agreement interstate-agreement-on-detainers jurisdiction prisoner-transfer speedy-trial | Is the Interstate Agreement on Detainers (IAD) triggered when a prisoner in custody is arrested by another jurisdiction? |
| 18-6210 | Gerald P. Mitchell v. Wisconsin | Wisconsin | 2018-10-04 | Judgment Issued | Amici (11)Relisted (2)IFP | blood-draw exigent-circumstances fourth-amendment implied-consent motorist-rights search-and-seizure unconscious-motorist warrant-requirement warrantless-search | Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement |
| 18-6162 | Lyanne Lemeunier-Fitzgerald v. Maine | Maine | 2018-10-02 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 4th-amendment 5th-amendment blood-test civil-rights consent-coercion criminal-penalties due-process implied-consent mandatory-minimum sentencing-enhancement warrantless-search | Does a motorist voluntarily consent to a warrantless blood draw if she has been warned that refusal to submit will result in a mandatory minimum perio… |
| 18-5151 | James G. Yahnke v. North Dakota | North Dakota | 2018-07-06 | Denied | IFP | 4th-amendment blood-test civil-rights consent constitutional-rights drunk-driving due-process fourth-amendment implied-consent probable-cause search-and-seizure warrantless-search | Whether the Fourth Amendment prohibits warrantless blood tests for drunk driving, where a motorist has not consented to the blood test |