Court of Appeals of Arizona· 1/20/2000

State v. Clary

Citations

2 P.3d 1255
196 Ariz. 610
313 Ariz. Adv. Rep. 3
2000 Ariz. App. LEXIS 6

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that “the Fourth Amendment [does not] preclude the use of reasonable force to overcome defendant’s resistance to the execution of a warrant”
stating that “defendant had no right to resist service of a court order authorizing extraction of his blood,” and that “[w]hen he refused to [voluntarily submit], he left the officers no alternative but to overcome his resistance with reasonable force”
stating that the “defendant had no right to resist service of a court order authorizing extraction of his blood,” and that “[w]hen he refused to [voluntarily submit], he left the officers no alternative but to overcome his resistance with reasonable force”
upholding seizure of defendant’s blood sample drawn at police station by phlebotomist while other officers restrained defendant on floor and exerted reasonable force to overcome his resistance
applying Graham balancing test in cases involving drunk-driving suspect's forced blood sample
stun gun used on suspect's arm

Source: CourtListener parenthetical corpus (CC0).

Judges: Toci, Fidel, Grant

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

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