Collin County District Attorney- The Path Of Least Disclosure

collin+county+ag The Collin County District Attorney is proud of their forced blood draw DWI program. They bragged about it to the media, and on the TDCAA message board.

However, they were less enthusiastic when it came to my open records request. As I expected the Collin County DA fired off a letter to the Attorney General asking to keep details of this program secret.

The AG request (right) is notable only for it’s pathetic brevity. AG requests usually carry histrionics about officer safety. Collin County merely lists statute numbers and asks for relief.

My prediction- The AG will rule against Collin County and require disclosure. The AG does not favor short unarticulated arguments.

If I walked into court during a criminal trial and said “Objection, Bill of Rights”, and then left I wouldn’t expect to win either. Obviously, this is just a delay tactic. There can be no legitimate purpose to a request designed to fail.

Why These Blood Draws Should Be Unconstitutional
From your Texas Constitution-

In all criminal prosecutions the accused shall… not be compelled to give
evidence against himself, and shall have the right of being heard by himself or
counsel…

Let’s see, we hold suspects down and force them to give blood all while denying them the right to an attorney. Maybe, just maybe, that could violate these provisions.

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2 responses to “Collin County District Attorney- The Path Of Least Disclosure”

  1. <img src="http://www.blogge says:

    Robert, the idea of these forced blood draws, and the way they are going about it, is scaring me. In how high a court has this been ruled constitutional? I seem to remember some court ruled that your blood was “evidence” and you were “concealing” it. Is there anything to be done about this? Has SCOTUS ruled on it in any way? It seems to be something new, at least doing it on a wide scale like I learned at this prosecutor’s site. They are all bragging about it, and it seems the ones who aren’t doing it yet are planning to start. God, get me outa here!

  2. <img src="http://www.blogge says:

    I am not aware of a SCOTUS ruling. If you would read Beeman vs. State you would get a current COCA ruling. The appellate courts seemed determined to allow these forced blood draws. It is a sad day when judges decide the outcome, then mold the law to fit.

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