No. 20-576

Sharon Darlene Lopez v. California

Lower Court: California
Docketed: 2020-10-30
Status: Denied
Type: Paid
Response Waived
Tags: blood-draw civil-rights consent constitutional-rights driving-privilege due-process fourth-amendment implied-consent search warrantless-search
Latest Conference: 2020-12-04
Question Presented (from Petition)

1. Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purposes of searches conducted to determine whether said motorist is driving under the influence of a drug of alcohol?

2. Can a motorist be found to have knowingly consented to a search when the state provides no indication that said motorist can require the state to acquire a warrant to conduct the search?

3. Is California's Implied Consent Statute unconstitutional as violating the Fourth Amendment of the United States Constitution?

Question Presented (AI Summary)

Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purposes of searches conducted to determine whether said motorist is driving under the influence of a drug of alcohol?

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-03
Waiver of right of respondent State of California to respond filed.
Main Document
2020-10-26
Petition for a writ of certiorari filed. (Response due November 30, 2020)
PetitionProof of Service

Attorneys

Sharon Lopez
Kenneth Cleon Brooks — Law Offices of Kenneth C. Brooks, Petitioner
State of California
R. Todd Marshall — Calif. Dept. of Justice, Respondent