No. 25-7116

David G. Henry v. Ron Komarovsky, Police Officer, et al.

Lower Court: Ninth Circuit
Docketed: 2026-03-30
Status: Pending
Type: IFP
Response WaivedIFP
Tags: blood-draw cannabis-impairment fourth-amendment franks-violation probable-cause warrant-affidavit
Latest Conference: 2026-05-01
Question Presented (from Petition)

1. Whether the Fourth Amendment permits probable cause for a compelled blood draw and custodial arrest for suspected cannabis impairment to rest on the aggregation of a traffic accident, minor field sobriety deviations, lawful possession of a sealed cannabis product, and ambiguous or self-corrected conversational responses —where officers observed no odor of cannabis, no bloodshot eyes, no slurred speech, no physical instability, a 0.00 breath test, and zero clues on the HGN eye-tracking test—in a State where adult-use cannabis has been legal since 2012.

2. Whether, under Franks v. Delaware, 438 U.S. 154 (1978), when a warrant affidavit is shown to contain material omissions, a reviewing court may sustain the warrant by independently reassessing probable cause after inserting the omitted facts, or whether the court must assess whether the issuing magistrate would have found probable cause on a complete and accurate affidavit.

Question Presented (AI Summary)

Whether the Fourth Amendment permits probable cause for a compelled blood draw and custodial arrest for suspected cannabis impairment to rest on the aggregation of a traffic accident, minor field sobriety deviations, lawful possession of a sealed cannabis product, and ambiguous conversational responses where officers observed no odor of cannabis, no bloodshot eyes, no slurred speech, no physical instability, a 0.00 breath test, and zero clues on the HGN eye-tracking test in a State where adult-use cannabis has been legal since 2012, and whether under Franks v. Delaware a reviewing court may sustain a warrant by independently reassessing probable cause after inserting omitted facts or must assess whether the issuing magistrate would have found probable cause on a complete and accurate affidavit

Docket Entries

2026-04-16
DISTRIBUTED for Conference of 5/1/2026.
2026-04-02
Waiver of Ron Komarovsky, et al. of right to respond submitted.
2026-04-02
Waiver of right of respondent Ron Komarovsky, et al. to respond filed.
2026-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2026)

Attorneys

David G. Henry
David G. Henry — Petitioner
Ron Komarovsky, et al.
Christopher D. BachaOffice of the Atty. Gen., Respondent