Ouch! Blood Search Warrants After Beeman v. State: An End-Run Around the Texas Legislature Resulting in Judicially Sanctioned Batteries

Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Discusses the conflict surrounding the use of blood search warrants. The conflict results as the state's interest in protecting the general public through its criminal justice system pushes in one direction, while the right of the individual to be free from unwanted intrusions pushes in the other direction.

Description

Keywords

Constitutionality of blood search warrants, First Amendment, Fourth Amendment, Legal framework under which blood search warrants are obtained in Texas, Texas implied consent statute, Texas Court of Criminal Appeals' interpretation of the implied consent statute, Prerequisites for obtaining a blood search warrant under Texas law, Reliability of remote warrant procurement, Beeman v. State, Whether blood is considered property under the Texas search warrant statute, Public policy considerations of Beeman v. State

Citation

Dennis R. Cook, Ouch! Blood Search Warrants After Beeman v. State: An End-Run Around the Texas Legislature Resulting in Judicially Sanctioned Batteries, 42 Tex. Tech L. Rev. 91 (2009-2010)