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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?
 
Posts: 101 | Location: Kingsville, Texas, USA | Registered: July 19, 2011Reply With QuoteReport This Post
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well I'm be highly interested on this. So please email me at chad.cowan@co.jones.tx.us if you get anything. I didn't find anything in the TDCAA DWI Investigation & Prosecution Manual.
 
Posts: 53 | Location: Anson, Texas, USA | Registered: November 13, 2001Reply With QuoteReport This Post
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I would look at the briefing in State v. Garcia. This is a similar issue that the CCA is considering.

http://search.txcourts.gov/Cas...D-0344-17&coa=coscca
 
Posts: 21 | Location: Waco, TX | Registered: May 23, 2013Reply With QuoteReport This Post
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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.
 
Posts: 2320 | Registered: February 07, 2001Reply With QuoteReport This Post
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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.
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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