{"id":10810,"date":"2014-04-10T08:32:17","date_gmt":"2014-04-10T14:32:17","guid":{"rendered":"http:\/\/fourthamendment.com\/wordpress\/?p=10810"},"modified":"2014-04-13T12:51:46","modified_gmt":"2014-04-13T18:51:46","slug":"tx8-natural-dissipation-of-bac-isnt-an-exigent-circumstance-dispensing-with-a-warrant-there-was-a-night-warrant-judge-at-the-jail","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10810","title":{"rendered":"TX8: Natural dissipation of BAC isn\u2019t an exigent circumstance dispensing with a warrant; there was a night warrant judge at the jail"},"content":{"rendered":"

Natural dissipation of BAC isn\u2019t an exigent circumstance dispensing with a warrant. Here, there always was a nighttime magistrate for warrants and a phlebotomist in the jail, too. Sutherland v. State<\/a>, 2014 Tex. App. LEXIS 3694 (Tex. App. \u2013 Amarillo April 7, 2014).<\/p>\n

Sales of drugs brought immediately from defendant\u2019s house established nexus to the house for a search warrant. When the police arrived with a warrant, they realized that there was actually a third floor apartment, not just a second, so they got another warrant. The fact there was another apartment didn\u2019t undermine the informant\u2019s veracity. Commonwealth v. Forbes<\/a>, 2014 Mass. App. LEXIS 36 (April 8, 2014).<\/p>\n

Plaintiff was arrested outside her house, but a protective sweep of her house was justified by the fact her adult son was a drug dealer and was unaccounted for. Alexander v. Smith<\/a>, 2014 U.S. App. LEXIS 6535 (5th Cir. April 9, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Natural dissipation of BAC isn\u2019t an exigent circumstance dispensing with a warrant. Here, there always was a nighttime magistrate for warrants and a phlebotomist in the jail, too. Sutherland v. State, 2014 Tex. App. LEXIS 3694 (Tex. App. \u2013 Amarillo … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-10810","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10810","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10810"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10810\/revisions"}],"predecessor-version":[{"id":10811,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10810\/revisions\/10811"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10810"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10810"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10810"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}