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The Court dismissed the State's motion for rehearing today as improvidently granted.

The link:
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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The Court dismissed the State's motion for rehearing today as improvidently granted.

The link: State v. Villarreal
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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Key to the final outcome: Judge Meyers does a complete flip-flop and Judge Newell writes an even more comprehensive defense of the original (November, 2014) decision--one that may carry great weight around the country and in Washington. Has the supposed duty to get blood in these cases also gone by the wayside? Or does the statute now serve as admonition to get a warrant?
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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The latter.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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I agree. Now the statute mandates getting a warrant. Trust me, officers that don't try will get strongly and effectively crossed for ignoring the law. So get a warrant, or try hard and fail thereby establishing exigent circumstances. DWI crashes just got harder, but i think gathering the best evidence is still kind of expected of officers that make arrests.

And come on these are felony arrests that may carry pen time, is another hour of investigation really so difficult or unjustified?
 
Posts: 293 | Location: Austin, TX, US | Registered: September 12, 2002Reply With QuoteReport This Post
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