{"id":49745,"date":"2021-09-23T06:48:36","date_gmt":"2021-09-23T11:48:36","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49745"},"modified":"2021-09-23T06:48:36","modified_gmt":"2021-09-23T11:48:36","slug":"tx5-consent-to-a-blood-draw-is-also-consent-to-its-testing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49745","title":{"rendered":"TX5: Consent to a blood draw is also consent to its testing"},"content":{"rendered":"\n

Consent to a blood draw is also consent to its testing. Schulz v. State<\/a>, 2021 Tex. App. LEXIS 7748 (Tex. App. \u2013 Dallas Sept. 21, 2021).<\/p>\n\n\n\n

\u201cCitizens have long-cherished constitutional rights which deserve our protection. Law enforcement officers have difficult but necessary jobs which deserve our cooperation and respect. Under the facts presented here, this appears to be a regular investigation of an extraordinary and hazardous situation created voluntarily by the plaintiff himself, and this officer’s conduct appears to be in accord with reasonable expectations as the encounter unfolded. The Fourth Amendment and 42 U.S.C. \u00a7 1983 should not be employed as a daily quiz tendered by videotaping hopefuls seeking to metamorphosize law enforcement officers from investigators and protectors, into mere spectators, and then further converting them into federal defendants. Based upon the facts as alleged by Kokesh and represented on Trooper Curlee’s bodycam, the denial of summary judgment on qualified immunity is REVERSED and the case is REMANDED to the district court for entry of summary judgment in favor of Trooper Curlee.\u201d Kokesh v. Curlee<\/a>, 2021 U.S. App. LEXIS 28607 (5th Cir. Sept. 21, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Consent to a blood draw is also consent to its testing. Schulz v. State, 2021 Tex. App. LEXIS 7748 (Tex. App. \u2013 Dallas Sept. 21, 2021). \u201cCitizens have long-cherished constitutional rights which deserve our protection. Law enforcement officers have difficult … 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":[24,55,35,4],"tags":[],"class_list":["post-49745","post","type-post","status-publish","format-standard","hentry","category-consent","category-drug-testing","category-reasonable-suspicion","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49745","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=49745"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49745\/revisions"}],"predecessor-version":[{"id":49746,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49745\/revisions\/49746"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49745"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49745"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49745"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}