Beeman v. State

In Beeman v. State, 86 S.W.3d 613, 615 (Tex. Crim. App. 2002), the issue was whether the implied consent statute prohibited drawing a suspect's blood pursuant to a warrant. Id. at 614. The Court held that the statute did not prohibit obtaining a warrant to draw blood from a suspect. Id. at 615. The Court explained that the implied consent statute gives "police officers nothing more than the Constitution already gives them--the ability to apply for a search warrant and, if the magistrate finds probable cause to issue that warrant, the ability to effectuate it." Id. at 616.