574 S.W.3d 904
Tex. Crim. App.2019Background
- On May 30, 2014 Richard Hyland crashed his motorcycle; passenger (his wife) died and Hyland was gravely injured and unconscious. An officer later identified Hyland as the driver.
- At the hospital Officer Raymond Harrison smelled a "strong" odor of alcohol on Hyland, completed a pre-printed DWI blood-warrant affidavit, and obtained a warrant; blood later tested at 0.19% BAC.
- At trial Hyland moved under Franks alleging the affidavit contained false statements (paragraphs saying Hyland performed field sobriety tests and refused a blood draw while unconscious); the trial court struck Paragraph 7 and a sentence in Paragraph 9.
- The trial court held the redacted affidavit still established probable cause; Hyland was convicted of intoxication manslaughter; the court of appeals reversed, holding the remaining affidavit did not "clearly" establish probable cause.
- The State sought discretionary review; the Court of Criminal Appeals held (1) no heightened probable-cause standard applies after a Franks excision, and (2) the remaining facts (serious single-vehicle crash, Hyland identified as driver, and "strong" odor of alcohol) sufficed to establish probable cause for a blood-draw warrant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether excision under Franks imposes a heightened probable-cause standard | Hyland: After excision the remaining affidavit must "clearly" establish probable cause (per McClintock I language) | State: No heightened standard; apply ordinary probable-cause totality-of-circumstances review to the redacted affidavit | Court: No heightened standard; review the purged affidavit under the ordinary probable-cause inquiry (no extra legal burden) |
| Whether remaining affidavit facts supported probable cause for a blood-draw warrant | Hyland: Remaining facts (crash + smell) are insufficient to establish probable cause after excision | State: Strong odor of alcohol + eyewitness ID of driver + serious single-vehicle crash support probable cause that blood would contain evidence of DWI | Court: Held the remaining facts collectively established probable cause; reversed court of appeals and remanded |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (requires excision of deliberately or recklessly false statements; if affidavit remains sufficient after excision, no Franks remedy)
- McClintock v. State, 444 S.W.3d 15 (Tex. Crim. App. 2014) (context on excising unlawfully acquired or tainted information; discussed "clearly" language)
- Pesina v. State, 676 S.W.2d 122 (Tex. Crim. App. 1984) (strong odor of alcohol on seriously injured driver after crash supports probable cause for blood evidence)
- Brown v. State, 605 S.W.2d 572 (Tex. Crim. App. 1980) (discusses validity of warrants issued on affidavits including tainted information and LaFave’s approach)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause is a totality-of-the-circumstances test; magistrate must have a substantial basis to find probable cause)