State v. Comeaux

I write in concurrence because I believe that the plurality’s application of the Fourth Amendment to resolve the search and seizure issues raised in the instant case is entirely unnecessary and likely incorrect. See U.S. v. Attson, 900 F.2d 1427, 1438 (9th Cir.1990) (Holding that no search or seizure occurred, under the Fourth Amendment, where a government doctor drew and analyzed Attson’s blood for “purely medical reasons,” and the doctor “did not intend to elicit a benefit for the government in its investigative or administrative capacity”). Rather I believe that the issues presented in…