Texas Appeals Court Slams Forced DUI Blood Draw
The Texas Court of Appeals told local police officers last month that when the US Supreme Court says warrantless blood draws from motorists are unconstitutional, that means they need to get a warrant to perform a blood draw. Hurst Police Officer Brian Charnock did not believe the McNeely ruling applied to him as he ordered Laura Ann Swan to pull over in February 2012. Officer Charnock had received a tip that the car belonging to Swan was swerving on the highway, so he drove to her home. Before arriving, he allegedly saw Swan fail to signal a turn. He conducted a traffic stop during which Swan refused to perform sobriety tests and denied drinking anything, leaving the officer with no concrete evidence beyond the smell of alcohol.
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