Thanks to all the readers who emailed me this story. I haven’t had much time to blog, but this is an important development.
Here are the details. A Tarrant County judge threw out blood drawn by the Dalworthington Police in a 2005 DWI case. Too cheap or impatient to use real medical personel, the Dalworthinton Police decided that they should remove blood from DWI suspects.
A judge threw out the blood evidence in a pre trial hearing. Appeals are certain.
Finally, a victory over the DWI vampire horde.
Why did the judge rule against the government’s forced blood warrant?
Because they violate the Texas Constitution? No.
Because they violate section 724.013 of the Transportation Code? Nope.
Instead, because police drawn blood violates section 724.107 of the Transportation Code.
§ 724.017. BLOOD SPECIMEN. (a) Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer under this chapter. The blood specimen must be taken in a sanitary place.
These cops had some EMT training. However, the law states that EMTs aren’t qualified.
Police should not be drawing blood. First, they have a vested interest in convicting the defendant, not attending to medical needs. Second, if the cop actually kills or injures someone they have near complete immunity. Finally, State law includes breath, blood, and urine for evidence of intoxication. What if the police start getting breath/urine warrants?
Ok. So the last one is not likely (yet). However, we don’t want police playing nurse anymore than we want all nurse driving the SWAT tank.