TX13: Gated community not curtilage, but def’s own curtilage was violated

Where the officers followed defendant into a gated community, the roadway within was not curtilage. Evans v. State, 995 S.W.2d 284, 286 (Tex. App.—Houston (14th Dist.) 1999, pet. ref’d). However, the entry into defendant’s own curtilage was unreasonable. State v. Jones, 2022 Tex. App. LEXIS 3575 (Tex. App. – Corpus Christi – Edinburgh May 26, 2022).

In a search warrant application for cockfighting, defendant claims a Franks challenge from an alleged misstatement about the extent of public records searches to locate the owners and occupants of the land. “GW has not met the threshold substantiality requirement for a Franks hearing and his request for a hearing is denied.” There was probable cause for the warrant with defendant’s alleged participation in the operation. United States v. Easterling, 2022 U.S. Dist. LEXIS 94169 (N.D.Ala. May 11, 2022).*

The affidavit for the search warrant here showed probable cause on the totality, despite defendant’s claim the CI wasn’t properly corroborated. The CI was corroborated enough by what the officers otherwise learned about defendant’s operation. United States v. Lowe, 2022 U.S. Dist. LEXIS 94191 (D.Kan. May 25, 2022).*

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