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Sharon Darlene Lopez v. California

Paid petition · Court of Appeal of California, Third Appellate District, No. C080065 · judgment March 11, 2020

Certiorari denied · December 7, 2020

Pre-decision estimate: 0% cert probability

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

Questions presented

Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purposes of searches conducted to determine whether said motorist is driving under the influence of a drug of alcohol?
Can a motorist be found to have knowingly consented to a search when the state provides no indication that said motorist can require the state to acquire a warrant to conduct the search?
Is California's Implied Consent Statute unconstitutional as violating the Fourth Amendment of the United States Constitution?

For petitioner
Kenneth Cleon Brooks
Kenneth C. Brooks. Esq.

For respondent
R. Todd Marshall
Calif. Dept. of Justice

Conference history
Distributed for 1 conference

Dec 07 2020
Petition DENIED.
Nov 10 2020
DISTRIBUTED for Conference of 12/4/2020.
Nov 03 2020
Waiver of right of respondent State of California to respond filed.
Oct 26 2020
Petition for a writ of certiorari filed. (Response due November 30, 2020)