Thomas Andrew Evans, II v. The State of Texas

Summary

This document is the State of Texas’s petition for discretionary review in Thomas Andrew Evans II v. State, filed in the Texas Court of Criminal Appeals. The State challenges the Fourteenth Court of Appeals’ reversal of the denial of a motion to suppress evidence from a warrantless, nonconsensual blood draw following an automobile accident. The petition argues that the blood draw was permissible under the Fourth Amendment, the special-needs doctrine, and Texas statutory and exclusionary-law principles.

Questions Presented

1. Whether the Fourteenth Court of Appeals erred in holding that the mandatory warrantless blood draw could not be reasonable under the Fourth Amendment when Evans withdrew his implied consent.
2. Whether the warrantless blood draw could be justified under the special-needs doctrine.
3. Whether Article 38.23 of the Texas Code of Criminal Procedure required exclusion of the blood-draw evidence when officers relied on then-existing case law interpreting Chapter 724 of the Texas Transportation Code.

Disposition

other