{"id":35245,"date":"2018-10-24T08:14:45","date_gmt":"2018-10-24T13:14:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35245"},"modified":"2018-10-24T08:14:45","modified_gmt":"2018-10-24T13:14:45","slug":"tx14-two-prior-searches-for-blood-constitutionally-or-statutorily-didnt-need-to-be-mentioned-in-affidavit-for-third","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35245","title":{"rendered":"TX14: Two prior searches for blood constitutionally or statutorily didn&#8217;t need to be mentioned in affidavit for third"},"content":{"rendered":"<p>Defendant was in a car wreck that killed another at 1 am, New Years Day 2014. There were three blood draws: one for medical purposes at the hospital, one directed by the police at the hospital, and one after a search warrant was issued. The warrant application did not mention the prior blood draws. This is not a Franks issue because it isn\u2019t material and the search warrant would have issued anyway. <a href=\"http:\/\/www.search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=927362d6-876c-4eb0-9e30-22b85b04b253&#038;MediaID=569ccb41-d945-49ee-84b6-11a584be654f&#038;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&#038;DT=Opinion\">Islas v. State<\/a>, 2018 Tex. App. LEXIS 8614 (Tex. App. \u2013 Houston (14th Dist.) Oct. 23, 2018).<\/p>\n<p>Defendant\u2019s 2255 argument that defense counsel failed to challenge the alleged consent search of his home is rejected. Defense counsel did. There was a suppression hearing, and defendant lost. Lee v. United States, 2018 U.S. Dist. LEXIS 181524 (E.D. Mo. Oct. 23, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was in a car wreck that killed another at 1 am, New Years Day 2014. There were three blood draws: one for medical purposes at the hospital, one directed by the police at the hospital, and one after a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35245\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[21,68],"tags":[],"class_list":["post-35245","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-inevitable-discovery"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35245","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=35245"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35245\/revisions"}],"predecessor-version":[{"id":35246,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35245\/revisions\/35246"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35245"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35245"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35245"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}