Greer, Eric Alonzo, PD-1502-15

Greer was stopped for a traffic violation and arrested for felony DWI.
Greer refused all field sobriety tests and a breath sample.
Two prior DWI convictions were confirmed before transport.
Greer was taken to a hospital where a warrantless blood draw was conducted under Transportation Code §724.012(b)(3)(B).
Trooper Guerra did not seek a warrant, believing the statute authorized immediate blood collection in 2012.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether warrantless blood draw under §724.012(b)(3)(B) complies with the Fourth Amendment.	Greer	Greer argues the statute is not an exception to the warrant requirement; evidence should be suppressed.	The exclusionary rule applies; suppression denied; evidence suppressed due to harm under Rule 44.2(a) to warrant a new trial.
Whether Article 38.23 bars admission of the blood evidence or admits a good-faith exception.	Greer	State argues good-faith reliance on presumptively valid statute and precedent; Article 38.23 may not bar under good faith.	No good-faith exception to Article 38.23 for non-warrant reliance; suppression warranted; reversal with remand.

Davis v. United States, 131 S. Ct. 2419 (2011) (good-faith exception when relying on binding precedent)
Illinois v. Krull, 480 U.S. 342 (1987) (good-faith reliance on statute exception to exclusionary rule)
Gore v. State, 451 S.W.3d 182 (2014) (Texas cases rejecting statute-based good-faith exception to 38.23)
Wilson v. State, 311 S.W.3d 452 (2010) (Texas exclusionary rule broader than federal)
Miles v. State, 241 S.W.3d 28 (2007) (violation of traffic laws not implicating 38.23)
Rocha v. State, 16 S.W.3d 1 (2000) (Vienna Convention not enforceable personal right under 38.23)
State v. Jackson, 464 S.W.3d 724 (2015) (GPS statute prior to Jones; no police misconduct)
United States v. Jones, 132 S. Ct. 945 (2012) (holding on GPS and Fourth Amendment)