blood-draw
18 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 22-776 | Courtney Drake v. Georgia | Georgia | 2023-02-17 | Denied | Amici (1)Response Waived | blood-draw blood-test breath-test due-process dui fourth-amendment implied-consent self-incrimination warrantless-search | The Petitioner, a Georgia motorist who was arrested for driving under the influence of alcohol, refused to submit to a warrantless blood test. Breath … |
| 22-6449 | Carl Anthony Wilson v. Texas | Texas | 2023-01-04 | Denied | IFP | actual-innocence blood-draw conflict-of-interest constitutional-rights criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-warrant unreasonable-search-and-seizure | Oh may 03/2015 atio.xH mi cuus tape u to SfniTP County Tail in Ty/erjTexus at , on Floy^Q.od.6 1 my Blood uas dracon without a searChurarraot Or Count… |
| 22-371 | Pennsylvania v. Akim Sharif Jones-Williams | Pennsylvania | 2022-10-20 | Denied | Response Waived | 4th-amendment blood-draw blood-testing exigent-circumstances mitchell-v-wisconsin motor-vehicle-incident probable-cause supreme-court-precedent warrantless-search | Did the Pennsylvania Supreme Court issue a decision in conflict with, and fail to properly apply and follow, binding legal precedent from the United S… |
| 21-8038 | Alberic Nault v. California | California | 2022-06-02 | Denied | Response WaivedIFP | blood-draw breath-test fourth-amendment medical-condition probable-cause search-and-seizure unconscious warrant-requirement warrantless-search | 1. Where a driver's medical condition precludes a reasonable opportunity to administer a breath test, does the Fourth Amendment always permit a warran… |
| 20-8445 | Christian Kalen Crawford v. Florida | Florida | 2021-06-29 | Denied | IFP | 4th-amendment 5th-amendment blood-draw criminal-procedure detention due-process fourth-amendment probable-cause search-and-seizure traffic-stop | Whether law enforcement officers may extend the detention of a driver involved in an accident resulting in the death of another person in order to wai… |
| 20-7260 | Al Rue Hopkins v. Florida | Florida | 2021-02-26 | Denied | Response WaivedIFP | 4th-amendment blood-draw dui dui-investigation exigency-exception exigent-circumstances fourth-amendment probable-cause search-and-seizure warrant-requirement | Whether Florida statues 316.1933(1)(a) violates Petitioner's right to be free from unreasonable searches and seizures where it exigency exception to t… |
| 20-576 | Sharon Darlene Lopez v. California | California | 2020-10-30 | Denied | Response Waived | blood-draw civil-rights consent constitutional-rights driving-privilege due-process fourth-amendment implied-consent search warrantless-search | 1. Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purpose… |
| 20-104 | Brian Smith v. Washington | Washington | 2020-07-31 | Denied | Response Waived | blood-draw breath-test excessive-force force fourth-amendment medical-consent needle-phobia search-and-seizure warrant | 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 Fourt… |
| 19-1070 | Jeffrey Alan Olson v. Pennsylvania | Pennsylvania | 2020-02-28 | Denied | Response RequestedResponse WaivedRelisted (2) | 4th-amendment Birchfield-v-North-Dakota blood-draw constitutional-rights criminal-penalties criminal-procedure due-process retroactivity substantive-law supreme-court-precedent warrantless-blood-draw warrantless-search | Whether this Court's holding that states may not impose criminal penalties on the refusal to submit to a warrantless blood draw, Birchfield v. North D… |
| 19-751 | Elio Gutierrez v. California | California | 2019-12-12 | Denied | Response Waived | 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 | Is consent voluntary under the Fourth Amendment where a driving under the influence arrestee submits to a blood draw after the arresting officer tells… |
| 19-693 | Peter Balov v. California | California | 2019-12-02 | Denied | Response Waived | blood-alcohol-content blood-draw coercion consent dui fourth-amendment officer-authority probable-cause search-and-seizure | Is a motorist's consent to a blood draw, for purposes of determining blood-alcohol content, voluntary within the meaning of the Fourth Amendment where… |
| 19-6522 | William Smith v. Texas | Texas | 2019-11-07 | Denied | IFP | blood-draw constitutional-challenge criminal-procedure fourth-amendment fourth-amendment-interpretation mandatory-blood-draw missouri-v-mcneely probable-cause public-safety search-and-seizure texas-transportation-code warrantless-search | 1.Is Texas Transportation Code Sect. 724.012 (b.) (3.)(B). (Texas'mandatory blood draw statute) Constitutional as applied, under the Fourth Amendment … |
| 19-5909 | Blake Clinton Talman v. Florida | Florida | 2019-09-11 | Denied | Response WaivedIFP | blood-draw criminal-procedure due-process evidence fourth-amendment fourth-amendment-violation good-faith-exception ineffective-assistance warrantless-search | Whether the "good faith" exception applies to a warrantless blood draw obtained in violation of the Fourth Amendment. |
| 19-5326 | Sean Frederik Franke v. Florida | Florida | 2019-07-25 | Denied | Response WaivedIFP | 4th-amendment blood-draw blood-extraction civil-rights drunk-driving due-process exigent-circumstances fourth-amendment missouri-v-mcneely probable-cause warrant-requirement warrantless-search | Whether the Court should resolve the following question for which the state courts are split: can law enforcement officers rely on the exigent circums… |
| 18-8109 | Robert Blake Adams v. Texas | Texas | 2019-02-22 | Denied | IFP | 4th-amendment blood-draw criminal-procedure due-process exigent-circumstances fourth-amendment retroactive-application retroactivity texas-transportation-code warrant-requirement warrantless-search | SHOULD THIS COURT'S HOLDING IN MISSOURI V McNEELY, 133 S. Ct. 1552 (2013), BE APPLIED RETROACTIVELY TO STATE CASES WHERE WITHOUT A WARRANT, AND WITHOU… |
| 18-954 | Cory Speelman v. Ohio | Ohio | 2019-01-25 | Denied | Response RequestedResponse WaivedRelisted (3) | blood-draw fourth-amendment implied-consent search-and-seizure search-warrant unconscious unconscious-person warrant warrant-exception | 1. Should the Court revisit Birchfield v. North Dakota, __U.S._ , 195 L.Ed.2d 560 (U.S. 2016) to resolve a split in the States: does the Fourth Amendm… |
| 18-6210 | Gerald P. Mitchell v. Wisconsin | Wisconsin | 2018-10-04 | Judgment Issued | Amici (11)Relisted (2)IFP | blood-draw exigent-circumstances fourth-amendment implied-consent motorist-rights search-and-seizure unconscious-motorist warrant-requirement warrantless-search | In both Missouri v. McNeely and Birchfield v. North Dakota, this Court referred approvingly to "implied-consent laws that impose civil penalties and e… |
| 18-179 | John Goodman v. Florida | Florida | 2018-08-09 | Denied | Response Waived | 4th-amendment blood-draw drunk-driving due-process exigent-circumstances fourth-amendment missouri-v-mcneely warrant-requirement | 1. Whether the Court should resolve the following question for which the state courts are split (including the Florida appellate court of last resort … |