COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00289-CR
THE STATE OF TEXAS STATE
V.
SCOTT ELLERY CRAWFORD JR. APPELLEE
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FROM COUNTY CRIMINAL COURT NO. 4 OF TARRANT COUNTY
TRIAL COURT NO. 1344184
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MEMORANDUM OPINION 1
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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
1
See Tex. R. App. P. 47.4.
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.
/s/ Lee Ann Dauphinot
LEE ANN DAUPHINOT
JUSTICE
PANEL: DAUPHINOT, GABRIEL, and SUDDERTH, JJ.
GABRIEL, J., concurs without opinion.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 19, 2015
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.
2