Defendant has been charged with burglary of a motor vehicle, although offense is really an agg robb. He bit the victim during the offense and told the victim he was HIV positive (later told the police he wasn't).

How can we test him to find out?

Can't use 81.050 HSC, that's just for police, fireman, etc.

Can't use 21.31 CCP, b/c he's not charge with an offense under 21.02, 21.11, 22.011, or 22.021.

I contacted Rolater and I think he has a good idea that I'd like everyone's opinion on.

He suggested getting a blood draw warrant in order to obtain evidence of agg assault with a deadly weapon, i.e., HIV (our probable cause being that the defendant told the victim he was positive).

Any thoughts?

My first thought is certainly to get a search warrant for a blood draw. If the suspect tells his victim that he is HIV+, then you have probable cause to investigate further.

LisaS, I sure am hoping you are still on here. Will you please email the search warrant affidavit you used in this case? Thanks!