Winston, Sheriff, et al. v. Lee (470 U.S. 753)
U.S. Supreme Court · decided March 20, 1985 · Supreme Court Database (Spaeth)
- Citation
- 470 U.S. 753 · 105 S. Ct. 1611
- Decided
- March 20, 1985
- Term
- October Term 1984
- Vote
- 9–0
- Majority author
- Justice Brennan
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Brennan delivered the opinion of the Court. Schmerber v. California, 384 U. S. 757 (1966), held, inter alia, that a State may, over the suspect’s protest, have a physician extract blood from a person suspected of drunken driving without violation of the suspect’s right secured by the Fourth Amendment not to be subjected to unreasonable searches and seizures. However, Schmerber cautioned: “That we today hold that the Constitution does not forbid the States[’] minor intrusions into an individual’s body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under other conditions.” Id., at 772. In this case, the Commonwealth of Virginia seeks to compel the respondent Rudolph Lee, who is suspected of attempting to commit armed robbery, to undergo a surgical procedure under a general anesthetic for removal of a bullet lodged in his chest. Petitioners allege that the bullet will provide evidence of respondent’s guilt or innocence. We conclude that the procedure sought here is an example of the “more substantial intrusion” cautioned against in Schmerber, and hold that to permit the procedure would violate respondent’s right to be secure in his person guaranteed by the Fourth Amendment. A At approximately 1 a. m. on July 18, 1982, Ralph E. Watkinson was closing his shop for the night. As he was locking the door, he…
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