534 S.W.3d 97
Tex. App.2017Background
- Martinez was taken to a hospital after a traffic accident; a nurse drew blood for medical purposes.
- Martinez told staff not to test his blood, refused urine testing, then left the hospital.
- DPS preserved the hospital blood; the next day a sergeant served a grand-jury subpoena on the hospital, obtained four vials, and sent two to the DPS lab for analysis.
- Trial court granted Martinez’s motion to suppress the DPS blood-test results, finding the State’s later testing was a warrantless search without exigent circumstances.
- The State appealed, arguing controlling precedent (notably State v. Huse) foreclosed suppression; the appellate court reviewed de novo the legal question and affirmed suppression.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Martinez) | Held |
|---|---|---|---|
| Whether the State’s acquisition and testing of hospital-drawn blood was a Fourth Amendment search requiring a warrant | Huse/Hardy foreclose suppression where blood was drawn by hospital staff and records/subpoena are permissible; no unconstitutional search occurred | The State conducted a discrete, warrantless search when it obtained and tested the blood sample and must show an exception to the warrant requirement | The court held the State’s later acquisition and testing of the sample was a Fourth Amendment search; suppression affirmed because the State did not justify a warrantless search |
Key Cases Cited
- Schmerber v. California, 384 U.S. 757 (U.S. 1966) (taking blood is a Fourth Amendment search)
- State v. Huse, 491 S.W.3d 833 (Tex. Crim. App. 2016) (hospital records and HIPAA exceptions permit subpoenaed disclosure of medical information)
- State v. Hardy, 963 S.W.2d 516 (Tex. Crim. App. 1997) (distinguishes discrete searches: blood extraction, control/testing of sample, and obtaining results)
- State v. Comeaux, 818 S.W.2d 46 (Tex. Crim. App. 1991) (plurality: reasonable expectation of privacy in blood given for medical purposes; State’s later testing without warrant violated Fourth Amendment)
- State v. Villarreal, 475 S.W.3d 784 (Tex. Crim. App. 2015) (warrant requirement and review standards for searches)