State v. Johnston
2011 Tex. Crim. App. LEXIS 388
| Tex. Crim. App. | 2011Background
- Johnston was arrested for DWI and blood was drawn at the Dalworthington Gardens Police Station after obtaining a warrant.
- Blood draw conducted by Officer Burkhart (EMT trained) in the station's blood-draw room while Johnston was restrained.
- Dr. Del Principe trained officers via a 14‑hour course to perform venipuncture; officers performed the draw under his protocol.
- Johnston moved to suppress the blood-test results on Fourth Amendment and statutory grounds; trial court suppressed.
- Court of Appeals affirmed suppression based on Schmerber’s “reasonable manner” in a non‑medical environment; Texas Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the chosen test was reasonable under Schmerber | Johnston argues venipuncture in police custody may be unreasonable | State contends venipuncture is a reasonable test for blood alcohol under Schmerber | Test chosen reasonably; presumption of reasonableness applies absent verifiable medical condition |
| Whether the blood draw was performed in a reasonable manner | Johnston argues environment and lack of medical personnel raise risk | Burkhart qualified; environment safe; procedure followed accepted medical practices | Manner of performance reasonable under totality of circumstances |
| Whether Transportation Code §724.017 governs or limits Fourth Amendment Reasonableness | Johnston argues Code compliance is necessary for Fourth Amendment reasonableness | Code is not exclusive; Fourth Amendment governs reasonableness | Code not controlling; Fourth Amendment framework applies; compliance not sole determinant |
| Whether Burkhart’s EMT training suffices as medical personnel for Schmerber | Johnston contends officer not medical personnel | Burkhart’s EMT training qualifies him as medical personnel for draw | Burkhart qualified to perform venipuncture; not disqualified by title alone |
Key Cases Cited
- Schmerber v. California, 384 U.S. 757 (1966) (two-part Schmerber analysis: test reasonableness and manner of execution; medical environment favored but not required)
- Beeman v. State, 86 S.W.3d 613 (Tex. Crim. App. 2002) (Transportation Code §724 not controlling where there is a warrant; Fourth Amendment governs reasonableness)
- State v. May, 112 P.3d 39 (Ariz.Ct.App. 2005) (blood draw by police officer with phlebotomy training; non-hospital setting considered reasonable)
- Kothe v. State, 152 S.W.3d 54 (Tex. Crim. App. 2004) (standard for mixed questions of law and fact; de novo review on pure legal questions)