{"id":45698,"date":"2020-10-09T06:36:59","date_gmt":"2020-10-09T11:36:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45698"},"modified":"2020-10-09T06:36:59","modified_gmt":"2020-10-09T11:36:59","slug":"tx6-sw-affidavit-not-admissible-at-trial","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=45698","title":{"rendered":"TX6: SW affidavit not admissible at trial"},"content":{"rendered":"\n<p>Defendant was prejudiced by admission of the search warrant and affidavit for it over defense objection. When defendant testified he was asked about all his porn, adult and apparent less than adult. [Why did he testify knowing that was coming?] The proof was strong, but not overwhelming. Reversed. Johnson v. State, 2020 Tex. App. LEXIS 8001 (Tex. App. \u2013 Texarkana Oct. 8, 2020).<\/p>\n\n\n\n<p>The officer lacked reasonable suspicion for the stop of the car defendant was in. Essentially, all the officer had was defendant\u2019s car on I-10, an alleged undocumented person travel route, and a New Mexico license plate. United States v. Lara-Hidalgo, 2020 U.S. Dist. LEXIS 186599 (W.D. Tex. Oct. 8, 2020).*<\/p>\n\n\n\n<p>The stop was with reasonable suspicion, but continuing it was not. Motion to suppress granted. United States v. Saenz, 2020 U.S. Dist. LEXIS 186661 (S.D. Tex. Sept. 14, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was prejudiced by admission of the search warrant and affidavit for it over defense objection. When defendant testified he was asked about all his porn, adult and apparent less than adult. [Why did he testify knowing that was coming?] &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=45698\">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":[124,35],"tags":[],"class_list":["post-45698","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45698","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=45698"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45698\/revisions"}],"predecessor-version":[{"id":45699,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45698\/revisions\/45699"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45698"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45698"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45698"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}