Monday, December 1, 2014

Texas court stops ‘implied consent’ blood draw

“’We hold that a nonconsensual search of a DWI suspect’s blood conducted pursuant to the mandatory-blood-draw and implied-consent provisions in the Transportation Code, when undertaken in the absence of a warrant or any applicable exception to the warrant requirement, violates the Fourth Amendment,’ Judge Elsa Alcala of the Texas Court of Criminal Appeals wrote on behalf of the five majority opinion judges. Four members of the nine-judge court dissented.”


http://legalinsurrection.com/2014/11/fourth-amendment-triumphs-over-warrantless-blood-tests/

(For some time I wondered where the Texas legislature found authority for that blood draw.)

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