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Scenario: Officer arrests suspect for DWI, obtains blood sample with search warrant, and submits sample to DPS for analysis. DPS analyzes blood and returns sample and results to officer. Case is disposed of by guilty plea or verdict. The blood sample itself is not used as evidence in court.

Question: When can the officer destroy the vial of blood? Since the blood was obtained by search warrant, is a destruction order needed from a court?

This doesn't seem to be addressed by the CCP. Or is it?
 
Posts: 245 | Location: Austin, Texas | Registered: July 08, 2003Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    What to do with the blood?

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