Texas law that lets cops draw blood without warrant tossed by appeals court

[Judi Lynn]

Source: Associated Press

Texas law that lets cops draw blood without warrant tossed by appeals court
By Lauren McGaughy | November 26, 2014 | Updated: November 26, 2014 11:33am

AUSTIN – Texas law that allows police officers to take blood samples from suspected drunk drivers without a warrant is unconstitutional, the state's highest criminal court ruled Wednesday.

The ruling could impact Texas' "no refusal weekends," including during the upcoming Thanksgiving holiday, when officers target suspected drunk drivers and subject them to mandatory breath and blood testing in the field. According to the ruling, law enforcement officers will need to have a warrant in hand before forcing suspects against their to submit to a blood alcohol content test.

"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.

The ruling stems from the 2012 case of David Villarreal, who was pulled over in Nueces County for a traffic violation. After refusing to perform sobriety tests in the field, Villarreal was arrested and taken to a local hospital to have his blood drawn against his will and without a warrant. The arresting officer said the move was legal because state law requires the taking of a breath or blood sample of anyone previously convicted two or more times of driving while intoxicated.


Read more: http://www.chron.com/news/houston-texas/texas/article/Texas-law-that-lets-police-draw-blood-without-5919510.php

[Elmergantry]

1. Good! NT

[Gothmog]

2. This is good news

The law clearly had issues

[Scairp]

3. A rare example

Of actual justice in Texas.

[dixiegrrrrl]

4. Not just Texas doing this,

so the court case is pretty important.

cops are also trying to take iris scans, they feel they can grab bio-metric data freely.
That needs to stop.

[bemildred]

5. Tell me these assholes are not desperate to retain control somehow.

Do we have any rights left that the government feels bound to respect?

[madville]

6. Surprised they don't just do like Florida

Refuse breath/blood/urine tests and they just try to automatically take your license for 12 months.

In Florida they can forcibly take samples when there is a death or injury involved or the driver is unconscious.

The best thing to do is never consent, talk to, or sign anything for the police if you know you are guilty or borderline, at that point they are just gathering evidence against you and the less they have the better.