W.D.Wis.: Where PV warrant was already in system, pretext argument fails

The probation violation warrant was already in the system, and there was no evidence whatsoever that it was procured as a pretext to arrest defendant without probable cause. There was also attenuation because of actual probable cause. United States v. Thomas, 2015 U.S. Dist. LEXIS 20392 (W.D.Wis. February 20, 2015).*

Defendant pled guilty to intoxication assault and intoxication manslaughter. The trial court erred by denying his motions to suppress the evidence obtained from the warrantless, mandatory, and involuntary blood draw because no exception to the Fourth Amendment’s warrant requirement applied. The Texas implied consent statutes do not form a constitutionally valid alternative to the warrant requirement. The natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. Denial of the motions to suppress may have contributed to defendant’s decision to plead guilty, so the error was not harmless. Chidyausiku v. State, 2015 Tex. App. LEXIS 1654 (Tex. App.–Ft. Worth February 19, 2015).*