· 4/7/2014
Jesse Thomas Sutherland v. State
Citations
- 436 S.W.3d 28
- 2014 WL 1370118
- 2014 Tex. App. LEXIS 3694
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- State failed to prove exigent circumstances as officer did not testify to any unusual delay in getting warrant or that he was confronted with emergency
- “[I]t would seem that the position advanced in Aviles that the Texas Transportation Code’s implied-consent provision applies to justify the warrantless mandatory blood draw of Section 724.012(b)(3)(B) is also constitutionally infirm.”
- “To the extent ] that Section . 724.012(b)(3)(B) can be read to permit, nonetheless, a warrantless seizure of a suspect’s blood in the absence of such exigent circumstances or the.suspect’s consent, it runs afoul of the Fourth Amendment’s warrant requirement.”
- discussing Beeman in the context of the remand of Aviles
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Hancock, Pirtle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.