Daily Archives: May 28, 2022

TX13: Gated community not curtilage, but def’s own curtilage was violated

Where the officers followed defendant into a gated community, the roadway within was not curtilage. Evans v. State, 995 S.W.2d 284, 286 (Tex. App.—Houston (14th Dist.) 1999, pet. ref’d). However, the entry into defendant’s own curtilage was unreasonable. State v. … Continue reading

Posted in Curtilage, Franks doctrine, Informant hearsay | Comments Off on TX13: Gated community not curtilage, but def’s own curtilage was violated

D.Minn.: Alleged alibi wasn’t enough for Franks challenge here

Defendant wasn’t entitled to a Franks hearing by attempting to show that he had an alibi for only one controlled buy at issue, which wasn’t quite good enough anyway for probable cause. United States v. Washington, 2022 U.S. Dist. LEXIS … Continue reading

Posted in Burden of pleading, Franks doctrine, Waiver | Comments Off on D.Minn.: Alleged alibi wasn’t enough for Franks challenge here