TX1: Blood draw by hospital staff for medical treatment could be subpoenaed by the state

Blood draw by hospital staff for medical treatment was subpoenaed by the state for prosecution, and that did not violate the Fourth Amendment. Owens v. State, 2013 Tex. App. LEXIS 13767 (Tex. App. – Houston (1st Dist.) November 7, 2013):

In State v. Hardy, the Texas Court of Criminal Appeals held that the State’s subpoena of the results of blood tests conducted by private medical personnel solely for medical purposes did not violate the Fourth Amendment. State v. Hardy, 963 S.W.2d 516, 527 (Tex. Crim. App. 1997). The facts in this case are similar to those in Hardy. Here, the trial court found that (1) the police officer did not suggest the blood draw or exert any influence over the hospital staff; and (2) the blood draw was taken solely for medical purposes. Because private actors conducted the blood draw and blood tests, the hospital staff’s blood draw and test of it does not violate the Fourth Amendment. See Hardy, 963 S.W.2d at 526. Although the State’s later subpoena of the blood tests is a state action, the request for records does not violate Owens’ reasonable expectation of privacy. Id. at 527. We hold that the Fourth Amendment does not bar the admission of Owens’ blood test results.