Proving that the Fourth Amendment is not just a myth, the Second Court of Appeals in Fort Worth, Texas issued its opinion on Friday in the case of State of Texas v. Johnston.
Johnston was arrested on suspicion of Driving While Intoxicated. While at the police station her blood was drawn over her objection by two police officers. Her blood was not drawn at a hospital. Her blood was not drawn by a nurse. Her blood was not drawn by someone who had the slightest clue about her medical history or medical issues that may exist.
Instead her blood was drawn by two policemen at the police station. The trial court excluded the blood test results as a Fourth Amendment violation. The Fourth Amendment requires, among other things, that searches be "reasonable." The Court of Appeals in this case found that the search in this case was not reasonable. A sensible decision and a victory for the Fourth Amendment.
I will use this case where appropriate, to seek to exclude the blood test results of my clients in future cases. Some factors to look for will include, the location of the draw. Who is performing the draw? Is that person qualified? Is the draw conducted pursuant to a stardard operating procedure that is written down? Does the person performing the draw know anything about my client's medical history or medical conditions.
