Byron McGraw v. State of Florida

Supreme Court of Florida ____________ No. SC18-792 ____________ BYRON MCGRAW, Petitioner, vs. STATE OF FLORIDA, Respondent. November 27, 2019 CORRECTED OPINION LAWSON, J. This case is before the Court for review of the decision of the Fourth District Court of Appeal in McGraw v. State,

245 So. 3d 760

(Fla. 4th DCA 2018). In its decision the district court ruled upon the following question, which the court certified to be of great public importance: Under the Fourth Amendment, may a warrantless blood draw of an unconscious person, incapable of giving actual consent, be pursuant to section…