FERNANDEZ, Circuit Judge, with whom BROWNING, GOODWIN, BEEZER, and THOMPSON, Circuit Judges, join, Dissenting: I respectfully dissent. I believe that the majority misperceives either the scope of the fourth amendment or the strength of the evidence presented to the jury in this case. I do agree that this case is controlled by Schmerber v. California, <span class="citation" data-"9…
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