TX4: Visitor’s property searched during SW for premises is governed by possession test: was the person in actual possession at the time?

Texas follows the possession test for searches of personal belongings of visitors found during a search of premises. Thus, defendant’s purse was not in her actual personal possession at the time of the entry and searches, so it was not exempt from a search of the premises. State v. Merritt, 2018 Tex. App. LEXIS 9654 (Tex. App.–San Antonio Nov. 28, 2018).

911 calls as reasonable suspicion are determined on a case-by-case basis. Here, a 911 call about an intoxicated driver was fairly quickly corroborated in significant part, and that was reasonable suspicion. United States v. Coleman, 2018 U.S. Dist. LEXIS 201308 (E.D. Tex. Nov. 28, 2018).*

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