A vehicle already searched under the automobile exception can be searched again after it is removed to the police lot. United States v. Mazon, 2020 U.S. Dist. LEXIS 64813 (D. N.M. Apr. 13, 2020).<\/p>\n\n\n\n
The Texas trial court didn\u2019t err in refusing to give the jury exclusionary rule instruction. \u201cThe trial court must issue an Article 38.23 instruction if the defendant establishes that: (1) the evidence heard by the jury raises an issue of fact; (2) the evidence on that fact is affirmatively contested; and (3) the contested factual issue is material to the lawfulness of the challenged conduct in obtaining the evidence. \u2026 The trial court must provide the jury with an Article 38.23 instruction when an issue of fact is raised as to each factor supporting probable cause. \u2026 To raise a fact issue, the facts relied upon to establish probable cause must be in controversy. \u2026 Simply raising the issue through cross-examination is insufficient to create a factual dispute for purposes of an Article 38.23(a) instruction, although the witness’s answers to those questions might.\u201d Olsen v. State<\/a>, 2020 Tex. App. LEXIS 3087 (Tex. App. \u2013 Houston (1st Dist.) Apr, 14, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":" A vehicle already searched under the automobile exception can be searched again after it is removed to the police lot. United States v. Mazon, 2020 U.S. Dist. LEXIS 64813 (D. N.M. Apr. 13, 2020). The Texas trial court didn\u2019t err … Continue reading