A trooper conducted an Exigent Circumstances Blood Draw due to the Hospital's desire to give the Defendant a sedative (short story). Does anyone have a good trial brief or appellate brief out there for exigent circumstances blood draw that I can blatantly plagiarize?
well I'm be highly interested on this. So please email me at email@example.com if you get anything. I didn't find anything in the TDCAA DWI Investigation & Prosecution Manual.
I would look at the briefing in State v. Garcia. This is a similar issue that the CCA is considering.
You may also want to consider that the CCA refused to accept review of the decision in State v. Sanders, No. 02-16-00226-CR. The existence of exigency must be made clear.
To my reading, one of the main reasons the CCA concluded that the state failed to show exigent circumstances is because the state failed to show that a warrant could have been obtained before the issue of possible dilution of BAC due to the introduction of IV fluids. The court note that there were not only sufficient officers available to proceed with applying for a search warrant, but that the state failed to show why the delay was unavoidable.
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