{"id":39457,"date":"2019-09-01T08:44:40","date_gmt":"2019-09-01T13:44:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39457"},"modified":"2019-09-01T08:50:42","modified_gmt":"2019-09-01T13:50:42","slug":"tx1-warrantless-dui-arrest-then-blood-draw-without-exigency-suppressed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=39457","title":{"rendered":"TX1: Warrantless DUI arrest then blood draw without exigency suppressed"},"content":{"rendered":"

After an accident where defendant was alleged to have killed a motorcyclist, defendant waited for the police at a gas station. They took him to the scene and then arrested him. This was followed by a warrantless blood draw. The trial court suppressed and it is affirmed. There were no exigent circumstances under Texas law for the warrantless arrest or the blood draw. State v. McGuire<\/a>, 2019 Tex. App. LEXIS 7955 (Tex. App. \u2013 Houston (1st Dist.) Aug. 29, 2019).*<\/p>\n

\u201cIn the present case, the affidavit states that the informant placed phone calls to Defendant in the presence of officers and arranged to meet with Defendant to purchase marijuana. Officers observed Defendant arrive at the location the informant and Defendant had arranged to meet. Officers listened to the controlled drug buys via electronic surveillance. [Defendant in the recordings said more marijuana was coming to him.] Following the controlled drug buys, officers took possession of several pounds of marijuana. Considering the totality of the circumstances, we conclude that the information in the affidavit is sufficient to establish probable cause for issuance of the search warrants.\u201d State v. Allison<\/a>, 2019 Tenn. Crim. App. LEXIS 537 (Aug. 29, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

After an accident where defendant was alleged to have killed a motorcyclist, defendant waited for the police at a gas station. They took him to the scene and then arrested him. This was followed by a warrantless blood draw. The … 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":[50,3,44],"tags":[],"class_list":["post-39457","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-emergency-exigency","category-informant-hearsay"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39457","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=39457"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39457\/revisions"}],"predecessor-version":[{"id":39459,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39457\/revisions\/39459"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39457"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39457"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}