By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Courts allow police to apply for search warrants for mandatory blood draws.
A warrant, in theory, is a precise legal document which explains to the judge or magistrate reviewing the warrant why the police believe it’s likely evidence of blood over 0.08 will be present in your system. In practice, however, police utilize one-size fits all warrants with boilerplate language.
A recent U.S. Supreme Court Opinion, Missouri v. McNeely, has in all likelihood invalidated Texas law which allowed for warrantless blood draws on felony DWI arrests. Thus, the only way a blood draw without consent can be done is through a warrant. In McNeely, the courts held the process for applying for blood warrants has become so simplified that only if there is exigent circumstances may an officer proceed without a warrant.
Books have been written about search…
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