Rudolph Lee, Jr. v. Andrew J. Winston, Sheriff Aubrey M. Davis, Jr., and Gerald Baliles Circuit Court, City of Richmond, Division I

I respectfully dissent.

*902I

Schmerber, infra, has decided that an involuntary intrusion, made under protest, and even unaccompanied by court order or other process, into the human body is not necessarily a violation of the Fourth Amendment protection against unreasonable searches and seizures from the person. What we have to decide is whether a perfectly routine surgical procedure to extract a bullet nine-tenths of an inch below the surface of the skin imbedded in the deltoid muscle near the left collarbone violates the Fourth Amendment when accomplished under a general anesthetic.

Among the many…