The State of Texas, State v. Scott Ellery Crawford Jr., Appellee (2015)

MEMORANDUM OPINION 1

The State appeals the trial court's granting of Appellee Scott Ellery Crawford Jr.'s motion to suppress the results of blood tests resulting from an involuntary blood draw pursuant to a search warrant.   Although there are certainly problems with the warrant and supporting affidavit, the legislature has enacted article 38.23(b) of the code of criminal procedure, known as the “good faith exception.” ²  The Texas Court of Criminal Appeals instructs us that article 38.23(b) means that

[e]vidence obtained by a police officer acting in good faith reliance upon a warrant based upon a magistrate's determination of probable cause should not be rendered inadmissible due to a defect found in the warrant subsequent to its execution.3

We therefore sustain the State's seventh point, which is dispositive;  do not reach the State's remaining points; ⁴  reverse the trial court's suppression order;  and remand this case to the trial court for further proceedings consistent with this opinion.

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

2.   Tex.Code Crim. Proc. Ann. art. 38.23(b) (West 2005).

3.   Dunn v. State, 951 S.W.2d 478, 479 (Tex.Crim.App.1997).

4.   See Tex.R.App. P. 47.1.

LEE ANN DAUPHINOT, JUSTICE

GABRIEL, J., concurs without opinion.