A vehicle already searched under the automobile exception can be searched again after it is removed to the police lot. United States v. Mazon, 2020 U.S. Dist. LEXIS 64813 (D. N.M. Apr. 13, 2020).
The Texas trial court didn’t err in refusing to give the jury exclusionary rule instruction. “The trial court must issue an Article 38.23 instruction if the defendant establishes that: (1) the evidence heard by the jury raises an issue of fact; (2) the evidence on that fact is affirmatively contested; and (3) the contested factual issue is material to the lawfulness of the challenged conduct in obtaining the evidence. … The trial court must provide the jury with an Article 38.23 instruction when an issue of fact is raised as to each factor supporting probable cause. … To raise a fact issue, the facts relied upon to establish probable cause must be in controversy. … Simply raising the issue through cross-examination is insufficient to create a factual dispute for purposes of an Article 38.23(a) instruction, although the witness’s answers to those questions might.” Olsen v. State, 2020 Tex. App. LEXIS 3087 (Tex. App. – Houston (1st Dist.) Apr, 14, 2020).