Garcia, Dylan Jezreel
PD-0712-15
Tex. App.Jul 9, 2015Background
- On June 3, 2012, appellant Dylan Jezreel Garcia was in a one‑car crash that killed his passenger. He was transported in an ambulance and later taken to a hospital.
- Texas DPS Trooper David Wyman arrived at the scene, smelled alcohol on Garcia at the scene and again in the ambulance. Wyman did not reach the hospital until about midnight.
- At 1:15 a.m., after Garcia refused consent, Wyman ordered a mandatory blood draw without a warrant.
- Garcia moved to suppress the warrantless blood draw; the trial court denied the motion, finding exigent circumstances justified the seizure.
- A jury convicted Garcia of intoxication manslaughter and felony DWI; the Fourteenth Court of Appeals affirmed the convictions in a published opinion.
- Garcia petitioned the Court of Criminal Appeals for discretionary review, arguing the appellate court erred by upholding the warrantless blood draw based on exigent circumstances when the officer never attempted to obtain a warrant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exigent circumstances justified a warrantless blood draw | Garcia: No — Wyman never attempted to obtain a warrant; unwillingness to do extra work does not create exigency | State: Yes — officer smelled alcohol, time elapsed since crash, and practical difficulties at night made obtaining a warrant impractical | Court of Appeals: Affirmed trial court; found totality of circumstances supported exigency (trial court not disturbed) |
Key Cases Cited
- McGee v. State, 105 S.W.3d 609 (Tex. Crim. App.) (State bears burden to show warrantless search fits an exception)
- Wiede v. State, 214 S.W.3d 17 (Tex. Crim. App.) (appellate review standards for suppression rulings)
- Shepherd v. State, 273 S.W.3d 681 (Tex. Crim. App.) (deference to trial court on historical facts; de novo review of legal application)
- Douds v. State, 434 S.W.3d 842 (Tex. App. — Houston [14th Dist.]) (exigency inquiry focuses on whether police reasonably could obtain a warrant)
- State v. Mosely, 348 S.W.3d 435 (Tex. App. — Austin) (warrantless blood draw may be permissible if probable cause, exigency, and reasonable extraction method are shown)