Daily Archives: November 1, 2015

CA2: Uncle’s apparent authority over nephew’s room included under the mattress

Defendant stayed with his aunt and uncle in a room that everybody had access to when he wasn’t there. His uncle consented to a search of the room for a firearm when he wasn’t there. He didn’t contest the consent … Continue reading

Posted in Apparent authority, Scope of search | Comments Off on CA2: Uncle’s apparent authority over nephew’s room included under the mattress

UT: Police car’s overhead lights usually mean seizure to the motorist the police car is behind

A police car’s overhead lights can be ambiguous, but, to the motorist, they mean you are stopped and should not attempt to leave. It’s common knowledge the consequences of not staying stopped could be severe. Defendant was thus stopped, but … Continue reading

Posted in Community caretaking function, Seizure | Comments Off on UT: Police car’s overhead lights usually mean seizure to the motorist the police car is behind

TX11: Invalid portion of warrant properly severed, but the cocaine was still admissible

Texas JP’s can’t issue evidentiary search warrants by statute. This was partially that and mostly for cocaine. The trial court properly severed the invalid portion and suppressed, and the cocaine was properly admitted. Van Spotwood v. State, 2015 Tex. App. … Continue reading

Posted in Exclusionary rule, Protective sweep | Comments Off on TX11: Invalid portion of warrant properly severed, but the cocaine was still admissible

CA6: Officers’ civil assist ended up in stating a claim in the retaking of a car

Officers were on a civil assist in aiding repossession of a car that was involved in a family dispute going back and forth for a couple of years. “Viewing the record in the light most favorable to plaintiffs, we agree … Continue reading

Posted in § 1983 / Bivens, Qualified immunity, Seizure | Comments Off on CA6: Officers’ civil assist ended up in stating a claim in the retaking of a car