TO:



| | | |

|Belinda Hill |[pic] |Criminal Justice Center |

|First Assistant | |1201 Franklin, Suite 600 |

| | |Houston, Texas 77002-1901 |

|Harris County District Attorney |

|MIKE ANDERSON |

|INTEROFFICE MEMORANDUM |

|TO: |Belinda Hill, First Assistant |

| |Dick Bax, General Counsel |

| | |

|FROM: |Todd Keagle, Chief - Vehicular Crimes |

| | |

|SUBJECT: |DWI Blood Search Warrants |

| | |

|DATE: |April 26, 2013 |

| | |

|CC: |Eric Kugler, Appellate Division |

| |Alan Curry, Chief - Appellate Division |

[pic]

Belinda,

In light of the recent Supreme Court ruling in Missouri v. McNeely, it is the position of the Harris County District Attorney’s office that the Texas mandatory blood draw statutes and implied consent statues are still good law.

 

After careful consideration and research the following is our proposal on how to proceed:

 

• The default on all DWI refusal cases is to do a blood search warrant.

• If it is a mandatory situation, the officer will consult with a Prosecutor who will use their discretion in determining if exigent circumstances surrounding that particular situation would necessitate a warrantless draw; and then get a blood specimen if exigent circumstances are believed to exist. The officer will be advised that they need to obtain a blood search warrant and obtain a second specimen under the warrant. This will only be done in VERY limited circumstances

In 30 days, we will re-evaluate this policy.

I am available should you have any questions.

TK

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