No. 20-104

Brian Smith v. Washington

Lower Court: Washington
Docketed: 2020-07-31
Status: Denied
Type: Paid
Response Waived
Tags: blood-draw breath-test excessive-force force fourth-amendment medical-consent needle-phobia search-and-seizure warrant
Latest Conference: 2020-09-29
Question Presented (from Petition)

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 Fourth Amendment permit the State to place numerous large men on the suspect, threaten him with a taser, place him in four-point restraints, and inject him with antipsychotic drugs as a general sedative to draw his blood, or does it require a breath test or a second warrant from a magistrate fully informed of the circumstances to authorize such force?

Question Presented (AI Summary)

Fourth-Amendment

Docket Entries

2020-10-05
Petition DENIED.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-08-19
Waiver of right of respondent Washington to respond filed.
2020-07-27
Petition for a writ of certiorari filed. (Response due August 31, 2020)

Attorneys

Brian Smith
Lenell Rae NussbaumLaw Office of Lenell Nussbaum, PLLC, Petitioner
Washington
Hilary A. ThomasWhatcom County Prosecuting Attorney's Office, Respondent