TX4: No REP in grass behind convenience store where drugs were stored for street sale

No reasonable expectation of privacy in the grass behind a convenience store where defendant kept his drugs for sale. Ramirez v. State, 2014 Tex. App. LEXIS 2703 (Tex. App. – San Antonio March 12, 2014).*

A warrant was obtained for cell site location data, and defendant’s Franks argument that it wouldn’t have issued if the district court had known the missing fact fails for lack of materiality. United States v. Thousand, 2014 U.S. App. LEXIS 4627 (7th Cir. March 12, 2014).*

Dispatch telling the officer defendant had two prior DWIs was reliable enough to based a forced blood draw under Texas law. The larger constitutional question wasn’t preserved. 25 year sentence affirmed. Perez v. State, 2014 Tex. App. LEXIS 2681 (Tex. App. – Houston (1st Dist.) March 11, 2014).*