Bolourchi

People v. Bolourchi

Good Law
Court of Appeal of CaliforniaJuly 25, 2024A167289MCalifornia11,154 words

Opinion

Opinion

Streeter, J.

discussion of a series of Fourth Amendment cases from the United States Supreme Court. These cases, together, enunciate the applicable law.

3. On page 14, in the first sentence of the first full paragraph, insert the word “governing” before “law,” delete the phrase “of this state,” insert the phrase “as we read it in California” after the word “decades,” and delete the word “California” before the word “courts,” so the sentence reads:

There the governing law stood for decades as we read it in California, with courts uniformly holding the Fourth Amendment permits unconsented, warrantless blood draws in DUI investigations under the exigent circumstances exception recognized in Schmerber.

4. On page 14, in the last sentence of the second full paragraph, add the word “her” in place of the word “the” before “opinion,” and add the phrase “in McNeely” after “opinion,” so the sentence reads:

In addition, while Justice Sotomayor’s opinion for the five justice McNeely majority rejects the idea of per se exigency, she failed to garner a fifth vote for section III of her opinion in McNeely discussing an issue relevant to this case—the power of the states to use implied consent laws to…

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