No. 18-8487

Kevin Neysmith v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-03-22
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment birchfield-precedent birchfield-v-north-dakota blood-alcohol blood-alcohol-content criminal-procedure evidence-admissibility fourth-amendment fruits-of-the-poisonous-tree o-connell-warnings o'connell-warnings search-warrant warrantless-search
Latest Conference: 2019-05-23
Question Presented (from Petition)

Whether the Fourth Amendment prohibits State judicial systems from admitting evidence of blood alcohol content obtained without a search warrant pursuant to this Honorable Court's principles in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016) when Pennsylvania's O'Connell warnings were utilized after, and irrespective of, an individual's personal request for blood tests given before police informed them of criminal penalties for any subsequent refusal, which generates fruits of the poisonous tree?

Question Presented (AI Summary)

Whether the Fourth Amendment prohibits State judicial systems from admitting evidence of blood alcohol content obtained without a search warrant

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Kevin Neysmith
Kevin Neysmith — Petitioner