TX6: Even if def’s vehicle was over the property line and not on the property subject to SW, was the officer’s mistake reasonable?

Officers had a search warrant for vehicles on a particular piece of property. Defendant contended his vehicle wasn’t on the property. Even if the officer was wrong, was his belief unreasonable? “The Brinegar Court explained the requirement of reasonableness in a way that is particularly apt here: ‘Because many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. But the mistakes must be those of reasonable [persons], acting on facts leading sensibly to their conclusions of probability.’ … This is because ‘sufficient probability, not certainty, is the touchstone of reasonableness under the Fourth Amendment.’ … The record here adequately demonstrates the objective reasonableness of Massey’s interpretation of the scope of the warrant. … We, therefore, find no Fourth Amendment violation resulting from the search of Lamb’s vehicle.” Taking a cell phone from defendant’s pocket to seize it under the warrant for property at that address was unreasonable. Lamb v. State, 2020 Tex. App. LEXIS 3225 (Tex. App. – Texarkana Apr. 17, 2020).