{"id":4689,"date":"2012-02-16T09:39:07","date_gmt":"2010-09-23T23:49:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-09-23T23:59:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4689","title":{"rendered":"TX11: A marijuana pipe falling from defendant&#8217;s pocket during his own field sobriety test of walking on his hands was reason for a search incident"},"content":{"rendered":"<p>Defendant was stopped for suspicion of DWI, and he attempted to show the officer that he was not drunk, so he showed the officer that he could walk on his hands. When he did that, a marijuana pipe fell from his pocket. A search incident of the vehicle for marijuana to go with the pipe was valid. <a href=\"http:\/\/www.11thcoa.courts.state.tx.us\/opinions\/HTMLopinion.asp?OpinionID=9831\">Daves v. State<\/a>, 327 S.W.3d 289 (Tex. App.\u2013Eastland 2010).*<\/p>\n<p>Defense counsel did not make a search incident objection consistent with Gant which had not been decided yet, but defense counsel was not ineffective for not forecasting Gant. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/38624-1.10.doc.pdf\">State v. Slighte<\/a>, 157 Wn. App. 618, 267 P.3d 401 (2010).*<\/p>\n<p>The officer\u2019s testimony is credited that there was a valid reason for the stop. The video did not contradict the officer; it was just inconclusive. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/200915845.pdf\">United States v. Arango<\/a>, 396 Fed. Appx. 631 (11th Cir. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4689\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-4689","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4689","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=4689"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4689\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4689"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4689"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4689"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}