Writ of Certiorari

You have just been appointed to the U.S. Supreme Court. ​

Your law clerks have presented you with the following cases. These law clerks have earned their juris doctorates from some well-known law schools such as Harvard, Yale, Cornell, Georgetown, Emory, Stanford, Duke, Vanderbilt, and Washington & Lee Universities. ​

They have presented you with a case to bring before the court to determine if the case should be set for review. You must have four other justices agree to set the case to trial. This is known as the Rule of Four

Matthew Kennesaw was working late one night and had an extreme headache. His friend gave him some pain-relieving prescription pills. While driving home from work he collided with another car head-on. The sole occupant of the other vehicle, Walter Howard, died instantly from the crash. Kennesaw was charged with vehicular homicide and driving under the influence. Maryland law states that anyone operating a vehicle under the influence of an illegal drug, or a legal drug taken in an illegal manner, or to one it was not prescribed is requisite to the driving under the influence status. ​

Kennesaw suffered injuries from the accident and was taken to the hospital. While at the hospital a Maryland State Police Officer had a blood sample taken and it was analyzed finding the non-proscribed medication in his system. ​

Kennesaw is arguing that his 4th Amendment Search and Seizure rights were violated and his due process under the 14th Amendment was violated. He never gave consent to take his blood. ​

Kennesaw has appealed through the Maryland Courts and he has been denied on all appeals. He has served 15 months of a seven-year sentence. He is eligible for parole after serving 2.8 years. ​

Argument: A violation of the 4th Amendment of Search & Seizure and his Due Process Rights under the 14th Amendment for obtaining his blood without his permission. ​

Writ of Certiorari Issued: Yes,

Vote Count: 5 of 9 agreed​

Legal Question: Did taking the blood sample of a suspect that was receiving medical aid violate his right of search and seizure and due process?​

Reasoning: This case needs to be heard based on the determination of the implied consent law in Maryland.  What are the requirements of surrendering of an individual's blood. It will need to be determine when and where the blood was taken. Did the officer have enough time or availability to obtain a warrant? ​

Provide feedback to each other on why this case should be heard. ​

Determine if constitutional rights were violated.​

Determine how your decision might affect other cases in the future. ​

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