{"id":58548,"date":"2024-08-03T09:53:23","date_gmt":"2024-08-03T14:53:23","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58548"},"modified":"2024-08-03T09:53:23","modified_gmt":"2024-08-03T14:53:23","slug":"tx-court-of-appeals-required-state-to-show-more-than-necessary-to-show-cell-phone-nexus-remanded","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58548","title":{"rendered":"TX: Court of Appeals required state to show more than necessary to show cell phone nexus; remanded"},"content":{"rendered":"\n

\u201cTo the extent that the court of appeals read our opinion in Baldwin necessarily to require, as a prerequisite of probable cause, that an affidavit must establish (1) use of the cell phone either during, or immediately before or after, commission of (2) the specific offense on trial, it was misguided. Such a showing is not always required before a magistrate may find that a search warrant affidavit \u2018state[s] facts and circumstances that provide \u2026 probable cause to believe that \u2026 searching the telephone \u2026 is likely to produce evidence in the investigation of\u2019 certain criminal activity. Tex. Code Crim. Proc. art. 18.0215(c)(5)(B). The court of appeals should reexamine its decision.\u201d Stocker v. State<\/a>, 2024 Tex. Crim. App. LEXIS 516 (July 31, 2024).<\/p>\n\n\n\n

Franks challenge fails: \u201cThat said, Oldham’s preliminary showing is insufficient to warrant a Franks hearing. Officer Meier’s statements were not false. Nor is there any evidence that Officer Meier acted with the subjective intent to deceive the issuing judge. And to the extent that Oldham contends that Officer Meier omitted information\u2014such as the weight of the marijuana recovered from the Explorer\u2014he also withheld substantial incriminating information. In large part, it appears that Oldham challenges the wording of the Affidavit. But perfection is not the standard for a search warrant affidavit. Truthfulness and completeness are. When reviewing Oldham’s Offer of Proof, Officer Meier’s narrative was both.\u201d United States v. Oldham, 2024 U.S. Dist. LEXIS 134198 (N.D. Ind. July 30, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cTo the extent that the court of appeals read our opinion in Baldwin necessarily to require, as a prerequisite of probable cause, that an affidavit must establish (1) use of the cell phone either during, or immediately before or after, … Continue reading →<\/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":[5,21,38],"tags":[],"class_list":["post-58548","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-franks-doctrine","category-nexus"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58548","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=58548"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58548\/revisions"}],"predecessor-version":[{"id":58549,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58548\/revisions\/58549"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58548"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58548"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58548"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}