TX: Even if suppression motion is made in trial, state bears burden on a warrantless search

Whether a motion to suppress is filed pretrial or during trial, if the search is shown to be warrantless, the burden shifts to the state to prove the legality of the warrantless search. White v. State, 2018 Tex. Crim. App. LEXIS 351 (June 13, 2018).

The trial court found exigent circumstances based on many factors [some of which seem irrelevant] that there was a quantity of marijuana about to leave the residence for a drug deal, and that justified the police “protective sweep” to freeze the premises to get a search warrant. The court of appeals affirmed. State v. Benvenuto, 2018-Ohio-2242, 2018 Ohio App. LEXIS 2431 (3d Dist. June 11, 2018).*

There was no viable alternative to towing and inventorying the vehicle which would be left on the street, so the alleged illegal search was valid by inevitable discovery. United States v. Bowie, 2018 U.S. App. LEXIS 15879 (9th Cir. June 13, 2018).*

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