Legal Opinion
Fitzgerald v. People
Supreme Court of Colorado
Decided April 17, 2017No. Supreme Court Case 15SC340PublishedCited by 22 opinions
1Opinion of the CourtJustice Hood
¶ 1 Colorado law provides that if a driver is suspected of driving under the influence of alcohol and refuses to take a test to determine the alcohol concentration of his blood or breath, then that refusal can be used as evidence against him at trial. Today, we are asked to decide whether the use of this “refusal evidence” violates a defendant’s Fourth Amendment right to be free from unreasonable searches. We conclude it does not.
I. Facts and Procedural History
¶ 2 A little after midnight on June 30,2013, Detective Billy Todis saw the defendant, Daniel Fitzgerald, driving erratically with a…
2Cases cited13 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- Missouri v. McNeelySupreme Court of the United States · 2013
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Commonwealth v. Bell, T., Aplt.Supreme Court of Pennsylvania · 2019
- State v. HoodNebraska Supreme Court · 2018
- State v. Shannon Rajda / State v. Albert Lee Lape, Jr.Supreme Court of Vermont · 2018
- Foster v. PlockSupreme Court of Colorado · 2017
- People v. MaxwellSupreme Court of Colorado · 2017
17 more not listed; retrieve them via the Exa API.