Court of Criminal Appeals of Texas

State of Texas v. Christi Lynn Johnston, Appellee

March 16, 20112011 Tex. Crim. App. LEXIS 388

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals and held that the warrant‑based blood draw performed by a police officer in a police‑department blood‑draw room was reasonable under the Fourth Amendment, that the Texas Transportation Code does not control the Fourth Amendment analysis, and that the officers' failure to obtain a medical history or record the draw did not make the draw unreasonable. The decision was joined by a concurring opinion warning against extending the holding to roadside draws.