From our private database of 33,600+ case briefs...
Clay v. State
Texas Court of Criminal Appeals
391 S.W.3d 94 (2013)
Sara Clay (defendant) was stopped for speeding by state trooper J. Ortega. During the stop, Ortega had probable cause to suspect that Clay was intoxicated. Ortega arrested Clay and asked her to provide a breath sample for testing. Clay refused. Ortega filled out an affidavit for a search warrant to obtain a sample of Clay’s blood for testing. Ortega then called Judge A. Lee Harris on the phone. Ortega and Harris knew each other and recognized each other’s voices. During the phone conversation, Ortega swore to and signed the affidavit. Ortega then faxed the affidavit to Harris. Harris signed the search warrant authorizing a blood draw for Clay and faxed the signed warrant back to Ortega. Ortega then arranged for Clay’s blood to be drawn. Clay was charged with driving while intoxicated. At trial, Clay filed a motion to suppress the evidence from the blood testing. The trial court denied the motion. Clay pled guilty pursuant to a plea agreement but retained her right to appeal. On appeal, Clay argued that the search warrant for the blood draw was invalid because the affidavit had not been sworn to in the physical presence of the judge. The Texas Court of Appeals held that the lack of a physical meeting between Ortega and Harris did not invalidate the search warrant. Clay’s petition for discretionary review to the Texas Court of Criminal Appeals was granted.
Rule of Law
Holding and Reasoning (Price, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 603,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.