The State of Texas, Appellant v. Pervis Joseph Comeaux, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' judgment suppressing the blood‑alcohol test results, holding that the State's seizure of the appellant's blood constituted state action that violated the Fourth Amendment and Article 1, Section 9 of the Texas Constitution. The Court found no probable cause or exigent circumstances to justify the warrantless search. A dissent and a concurrence were filed, each disagreeing with the majority's constitutional analysis.