{"id":39453,"date":"2019-09-01T07:48:16","date_gmt":"2019-09-01T12:48:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39453"},"modified":"2019-09-01T07:48:16","modified_gmt":"2019-09-01T12:48:16","slug":"tx3-state-failed-to-show-exigency-for-dispensing-with-bac-sw","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=39453","title":{"rendered":"TX3: State failed to show exigency for dispensing with BAC SW"},"content":{"rendered":"

The trial court did not err by granting defendant’s motion to suppress blood evidence obtained in violation of the Fourth Amendment. The State failed to prove that the warrantless blood draw was justified by exigent circumstances: the collision did not result in serious injuries, there were procedures in place that enabled judges to sign search warrants by fax, and nothing in the record suggested that evidence-destroying medical treatment was imminent. Also, it was not objectively reasonable for the trooper to decide that in the time it would take to secure a warrant, the efficacy of a search would be significantly undermined. State v. Couch<\/a>, 2019 Tex. App. LEXIS 7867 (Tex. App. \u2013 Austin Aug. 29, 2019).<\/p>\n

Probable cause was shown for issuance of a GPS warrant for defendant\u2019s vehicle. The CI was corroborated by other parts of the investigation. United States v. Bradley, 2019 U.S. Dist. LEXIS 145739 (W.D. Ky. Aug. 26, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"

The trial court did not err by granting defendant’s motion to suppress blood evidence obtained in violation of the Fourth Amendment. The State failed to prove that the warrantless blood draw was justified by exigent circumstances: the collision did not … 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":[55,17],"tags":[],"class_list":["post-39453","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-gps-tracking-data"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39453","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=39453"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39453\/revisions"}],"predecessor-version":[{"id":39454,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39453\/revisions\/39454"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39453"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39453"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39453"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}