Gentry v. State

OPINION ON DISCRETIONARY REVIEW WITHOUT PETITION

CLINTON, Judge.

The question presented is whether blood coursing through a human body is an *900“item” within the meaning of Article 18.-02(10), V.A.C.C.P., which reads as follows:

“A search warrant may be issued to search for and seize:(10) property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense ...”1

The Court of Appeals concluded “that blood is an ‘item’ within the ordinary meaning of the word,” but a concurring opinion…