TX1: Order to return cell phone in murder investigation was without jurisdiction

The trial court’s order ordering return of a cell phone seized in a murder investigation was void and reversed. “‘Suppression of evidence and return of property are not the same relief.’” Defendant had not yet been indicted, so the trial court lacked jurisdiction. Mandamus granted. State v. Gault, 2022 Tex. App. LEXIS 7360 (Tex. App. – Houston (1st Dist.) Oct. 4, 2022).

Plaintiff prevails in his malicious prosecution action. Plaintiff was arrested and detained for 61 days without probable cause, which the officer later admitted was lacking. Moreover, it was clearly apparent there was no PC. Luke v. Gulley, 2022 U.S. App. LEXIS 27631 (11th Cir. Oct. 3, 2022).*

Officers had valid arrest warrant for entering defendant’s hotel room, and a silencer was seen in plain view inside. United States v. Holton, 2022 U.S. Dist. LEXIS 180386 (N.D. Tex. Oct. 3, 2022).*

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