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Elio Gutierrez v. California

Paid petition · Court of Appeal of California, First Appellate District, No. A153419 · judgment October 2, 2018

Certiorari denied · January 21, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Is consent voluntary under the Fourth Amendment where a driving under the influence arrestee submits to a blood draw after the arresting officer tells him or her that he or she is required to submit to a blood or breath test to determine blood alcohol content? Is a blood draw reasonable under the Fourth Amendment search incident to arrest exception, where a driving under the influence arrestee submits to a blood draw after a law enforcement officer tell him or her that he or she is “required” to provide a blood or breath test to determine blood alcohol content?

Counsel of record

For petitioner
Maya Amalie Nordberg
Contra Costa County Office of the Public Defender

For respondent
Bridget Billeter
California Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 21 2020
    Petition DENIED.
  2. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  3. Dec 13 2019
    Waiver of right of respondent State of California to respond filed.
  4. Nov 26 2019
    Petition for a writ of certiorari filed. (Response due January 13, 2020)