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David G. Henry v. Ron Komarovsky, Police Officer, et al.
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-3014 · judgment January 16, 2026
Questions presented
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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.
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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.
Counsel of record
For petitioner
David G. Henry
For respondent
Christopher D. Bacha
Office of the Atty. Gen.
Case
Conference history
Distributed for 1 conference
Proceedings
- May 04 2026Petition DENIED.
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 02 2026Waiver of right of respondent Ron Komarovsky, et al. to respond filed.
- Mar 23 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2026)