No. 19-751

Elio Gutierrez v. California

Lower Court: California
Docketed: 2019-12-12
Status: Denied
Type: Paid
Response Waived
Tags: blood-alcohol-content blood-draw consent driving-under-the-influence dui-arrest fourth-amendment Fourth-Amendment-search-incident-to-arrest law-enforcement search-exception search-incident-to-arrest
Latest Conference: 2020-01-17
Question Presented (from Petition)

Is consent voluntary under the Fourth Amendment where a driving under the influence arrestee submits to a blood draw after the arresting officer tells him or her that he or she is required to submit to a blood or breath test to determine blood alcohol content?

Is a blood draw reasonable under the Fourth Amendment search incident to arrest exception, where a driving under the influence arrestee submits to a blood draw after a law enforcement officer tell him or her that he or she is "required" to provide a blood or breath test to determine blood alcohol content?

Question Presented (AI Summary)

Is consent voluntary under the Fourth Amendment where a driving under the influence arrestee submits to a blood draw after the arresting officer tells him or her that he or she is required to submit to a blood or breath test to determine blood alcohol content?

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-13
Waiver of right of respondent State of California to respond filed.
2019-11-26
Petition for a writ of certiorari filed. (Response due January 13, 2020)

Attorneys

Elio Gutierrez
Maya Amalie NordbergContra Costa County Office of the Public Defender, Petitioner
State of California
Bridget BilleterCalifornia Attorney General's Office, Respondent