{"id":11912,"date":"2014-06-06T08:47:06","date_gmt":"2014-06-06T13:47:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11912"},"modified":"2014-06-06T08:47:06","modified_gmt":"2014-06-06T13:47:06","slug":"e-d-tex-right-address-but-wrong-city-in-urban-area-was-not-constitutional-defect-since-right-house-was-searched","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=11912","title":{"rendered":"E.D.Tex.: Right address but wrong city in urban area was not constitutional defect since right house was searched"},"content":{"rendered":"<p>The address was given as Bridge City not Orange, Texas, but the officers misapprehended that the city limits was another block over. There was no chance here that the wrong house was searched, so this is not a constitutional error. Also, in the Fifth Circuit, the question is whether the good faith exception applies, not whether there actually is probable cause, and here it does. United States v. Hall, 2014 U.S. Dist. LEXIS 75726 (E.D. Tex. June 3, 2014), R&#038;R 2014 U.S. Dist. LEXIS 76036 (E.D. Tex. May 1, 2014).*<\/p>\n<p>In a fatality accident with two vehicles, there were three in defendant\u2019s vehicle. The police couldn\u2019t determine who drove it, but the greater than 1 in 3 chance defendant was driving his own vehicle was reason enough to test his blood. <a href=\"http:\/\/www.lasc.org\/opinions\/2014\/13K1851.pc.pdf\">State v. Weber<\/a>, 2014 La. LEXIS 1318 (La. May 30, 2014).*<\/p>\n<p>Two officers were in defendant\u2019s house when he consented that drugs and marijuana were in the house and could be searched for and seized. The occupants outnumbered the police, and no weapons were drawn. It was nonconfrontational. United States v. Brown, 2014 U.S. Dist. LEXIS 76114 (W.D. N.C. June 3, 2014), R&#038;R 2014 U.S. Dist. LEXIS 76112 (W.D. N.C. April 2, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The address was given as Bridge City not Orange, Texas, but the officers misapprehended that the city limits was another block over. There was no chance here that the wrong house was searched, so this is not a constitutional error. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=11912\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,11,16],"tags":[],"class_list":["post-11912","post","type-post","status-publish","format-standard","hentry","category-consent","category-good-faith-exception","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11912","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=11912"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11912\/revisions"}],"predecessor-version":[{"id":11913,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11912\/revisions\/11913"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11912"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11912"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11912"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}