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

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' decision that the State's seizure of the appellant's blood sample constituted state action and violated the Fourth Amendment and the Texas Constitution's search‑seizure protections, requiring suppression of the blood‑alcohol results. The majority held that the police officer's taking of the sample from the nurse was a governmental search lacking probable cause or exigent circumstances. A dissent argued that no Fourth Amendment claim exists because the blood was voluntarily given to medical personnel, and a concurrence suggested the issue could be resolved under Texas statutory privilege law.