{"id":20901,"date":"2016-02-21T12:23:47","date_gmt":"2016-02-21T17:23:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20901"},"modified":"2016-02-21T12:23:47","modified_gmt":"2016-02-21T17:23:47","slug":"tx3-where-there-was-a-magistrate-at-municipal-building-24-hours-a-day-2%c2%bd-mi-away-failure-to-get-warrant-voids-blood-draw","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=20901","title":{"rendered":"TX3: Where there was a magistrate at municipal building 24 hours a day, 2\u00bd mi. away, failure to get warrant voids blood draw"},"content":{"rendered":"

There was a magistrate on duty 24 hours a day at the municipal court building, which was about 2\u00bd miles from the scene of the accident, but the officer made no effort to obtain a search warrant. The statute required an officer to take a blood draw if an individual suffered serious bodily injury as a result of the DWI, but it did not mandate that he do so without a warrant. Therefore, he did not act in good faith reliance on the statute. Roop v. State<\/a>, 2016 Tex. App. LEXIS 1541 (Tex. App. \u2013 Austin Feb. 17, 2016).<\/p>\n

Because a driver arrested for reckless driving refused to provide a blood specimen after failing to provide a valid breath sample at the time he was arrested for DWI, his refusal revoked any prior implied consent. The Texas good faith exception doesn\u2019t apply where there\u2019s no warrant. State v. Molden<\/a>, 2016 Tex. App. LEXIS 1539 (Tex. App. \u2013 Austin Feb. 17, 2016);* State v. Hill<\/a>, 2016 Tex. App. LEXIS 1540 (Tex. App. \u2013 Austin Feb. 17, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

There was a magistrate on duty 24 hours a day at the municipal court building, which was about 2\u00bd miles from the scene of the accident, but the officer made no effort to obtain a search warrant. The statute required … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55,37],"tags":[],"class_list":["post-20901","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-warrant-requirement"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20901","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=20901"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20901\/revisions"}],"predecessor-version":[{"id":20902,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20901\/revisions\/20902"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20901"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20901"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20901"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}