Thursday, April 18, 2013
To procure warrant or to not procure warrant, that is the question
Man o" Law thanks Judge Melisa Skinner for making the right call in the case before her.
Supreme Court ruling already felt in San Antonio
The fact that alcohol dissipates from the bloodstream over time does not by itself give police the right to draw blood without a warrant in drunken-driving investigations, the U.S. Supreme Court ruled Wednesday.
The ruling immediately got the attention of attorneys in Texas, where warrantless blood draws are allowed by state statute for intoxication manslaughter cases, third-time driving while intoxicated offenses or intoxication assault cases in which someone has been sent to the hospital.
While the court's ruling appears to be “extremely narrow” and not pertaining to Texas law, it does leave a lot of questions unanswered, said Cliff Herberg, Bexar County's first assistant district attorney.
The rest of the story: