Richard D. Pomeroy v. Municipality of Anchorage, Alaska
FourthAmendment DueProcess CriminalProcedure Privacy
Should civil penalties been imposed on petitioner (Pomeroy) for refusal to submit to a breath test, when an intrusive blood test was administered to petitioner after being arrested for a minor traffic infraction.
Was there probable cause for the arresting officer to insist petitioner take a blood test, which petitioner did, when a nurse extracted parts of petitioner body with a needle after petitioner had already been charged with refusal to submit to a breath test.
Was petitioner correct in interpreting and retroactively applying the findings and new rulings in Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) to petitioner appeal.
Should civil penalties be imposed on petitioner for refusal to submit to a breath test when an intrusive blood test was administered