Legal Opinion
Wall v. Stanek
Court of Appeals for the Eighth Circuit
Decided July 21, 2015No. 14-2878PublishedCited by 4 opinions
1Opinion of the Court
RILEY, Chief Judge.
This case requires us to rule upon the-validity of a suspected .impaired driver’s consent to a blood-alcohol test when the driver was correctly informed beforehand that it is a crime to refuse the test. Having agreed to a blood-alcohol test under these circumstances, Rebecca Wall now brings a 42 U.S.C. § 1983 action against Hennepin County Sheriff Richard Stanek in his official capacity (county), alleging the county had a policy or practice of conducting warrantless, nonconsensual blood-alcohol tests, which violated Wall’s Fourth Amendment rights. The district court1…
2Cases cited20 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Katz v. United StatesSupreme Court of the United States · 1967
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Delaware v. ProuseSupreme Court of the United States · 1979
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3Cited by4 opinions
- Parsons v. McCannDistrict Court, D. Nebraska · 2015
- Olson v. LeviNorth Dakota Supreme Court · 2015
- Schmidt v. LeviNorth Dakota Supreme Court · 2016
- Robert W. Avery v. HillDistrict Court, W.D. Arkansas · 2019