Legal Opinion

Cole v. State

Court of Criminal Appeals of Texas

Decided May 25, 2016No. PD-0077-15PublishedCited by 51 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KeaslerKeasler, J.

in which Keller, P.J., and Meyers, Hervey, Alcala, Richardson, and Newell, JJ., joined.

At Steven Cole’s intoxication-manslaughter trial, the judge overruled Cole’s, motion to suppress evidence obtained by a warrantless blood draw. Holding that the record did not establish exigent circumstances, the court of appeals reversed the trial court’s judgment. We conclude that the record established circumstances rendering obtaining a warrant impractical and that the warrantless search is justified under the exigency exception to the Fourth Amendment’s warrant requirement. We accordingly…

3Cases cited13 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Mincey v. ArizonaSupreme Court of the United States · 1978
  3. Brigham City v. StuartSupreme Court of the United States · 2006
  4. Michigan v. TylerSupreme Court of the United States · 1978
  5. Missouri v. McNeelySupreme Court of the United States · 2013

8 more not listed; retrieve them via the Exa API.

4Cited by51 opinions

  1. Briggs v. StateCourt of Criminal Appeals of Texas · 2018
  2. State v. GarciaCourt of Criminal Appeals of Texas · 2018
  3. Oringderff v. StateCourt of Appeals of Texas · 2017
  4. Cosino v. StateCourt of Appeals of Texas · 2016
  5. Colura v. StateCourt of Appeals of Texas · 2016

46 more not listed; retrieve them via the Exa API.

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