No. 20-823

Robert Lee Crider v. Texas

Lower Court: Texas
Docketed: 2020-12-17
Status: Denied
Type: Paid
Tags: blood-extraction bodily-intrusion chemical-analysis fourth-amendment fourth-amendment-violation search search-and-seizure warrant warrant-scope
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-02-19
Question Presented (from Petition)

The United States Supreme Court has held that the compelled extraction of blood from a person's body is a Fourth Amendment search. The Court has also held that the government's chemical analysis of blood extracted from a person's body is a Fourth Amendment search.

This case presents the question of whether a Fourth Amendment violation occurs when the government extracts a blood sample by compelled intrusion into a person's body and then chemically analyzes that blood sample for alcohol based upon a warrant authorizing only the extraction of blood, but that does not authorize the chemical analysis of the seized blood.

Question Presented (AI Summary)

Whether a Fourth Amendment violation occurs when the government extracts a blood sample by compelled intrusion into a person's body and then chemically analyzes that blood sample for alcohol based upon a warrant authorizing only the blood extraction, but not the chemical analysis

Docket Entries

2021-02-22
Petition DENIED.
2021-02-03
DISTRIBUTED for Conference of 2/19/2021.
2020-12-11
Petition for a writ of certiorari filed. (Response due January 19, 2021)

Attorneys

Robert Lee Crider
Michael Patrick MaguireM. Patrick Maguire, P.C., Petitioner