Legal Opinion
Michael Lee Thom v. State
Texas Court of Appeals, 14th District (Houston)
Decided June 19, 2014No. 14-12-00973-CRPublishedCited by 9 opinions
1Opinion of the Court
OPINION
KEM THOMPSON FROST, Chief Justice.
In this appeal we address two issues relating to the propriety of a warrant for a blood draw from an individual suspected of driving while intoxicated: (1) Does Texas Code of Criminal Procedure article 18.01(j) allow a police officer to obtain a warrant for a blood draw if a suspect has consented to a breath test? and (2) Is a warrant for a blood draw supported by probable cause when a suspect’s breath test displays a blood-alcohol level of 0.00 but the suspect displays signs of intoxication and admits to consuming alcohol? Appellant, Michael Lee Thom…
2Cases cited17 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Franks v. DelawareSupreme Court of the United States · 1978
- Guzman v. StateCourt of Criminal Appeals of Texas · 1997
- State v. RossCourt of Criminal Appeals of Texas · 2000
- Wiede v. StateCourt of Criminal Appeals of Texas · 2007
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3Cited by9 opinions
- Alex Rene Gonzales v. State, Texas Court of Appeals, 4th District (San Antonio)2015
- Diego Baldemar Islas v. State, Texas Court of Appeals, 14th District (Houston)2018
- Daniel Zalman v. State, Texas Court of Appeals, 13th District2015
- Larry Dell Carr v. State, Texas Court of Appeals, 5th District (Dallas)2019
- Marshall Andrew Washington v. State, Texas Court of Appeals, 14th District (Houston)2020
4 more not listed; retrieve them via the Exa API.