{"id":4353,"date":"2010-12-28T18:19:44","date_gmt":"2010-06-24T11:33:27","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-06-28T11:33:27","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4353","title":{"rendered":"TX3: Officer’s conclusions insufficient in arrest warrant affidavit; omission of date fatal, too"},"content":{"rendered":"

Arrest warrant\u2019s affidavit that was merely the conclusions of the officer and did not offer facts to the magistrate was insufficient under the Fourth Amendment. The omission of the date anything happened was fatal, too. State v. Jordan<\/a>, 315 S.W.3d 660 (Tex. App.\u2013Austin 2010).*<\/p>\n

Defendant ran into the back of an off duty officer in uniform outside the officer\u2019s jurisdiction. The officer ordered defendant from his vehicle, then back into it to wait for the local police, and took his keys. The officer suspected defendant was DUI, also having six priors. The arrest was invalid as a citizen\u2019s arrest, and the DUI is set aside. Commonwealth v. Limone<\/a>, 77 Mass. App. Ct. 903, 928 N.E.2d 669 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4353","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4353","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4353"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4353\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4353"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4353"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4353"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}