{"id":59269,"date":"2024-11-02T16:04:52","date_gmt":"2024-11-02T21:04:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59269"},"modified":"2024-11-02T16:04:52","modified_gmt":"2024-11-02T21:04:52","slug":"tx12-texas-livestock-officer-lacked-general-law-enforcement-powers","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59269","title":{"rendered":"TX12: Texas livestock officer lacked general law enforcement powers"},"content":{"rendered":"\n

A special ranger employed by the Texas & Southwest Cattle Raisers Association (TSCRA) recognized as part of the Texas DPS held himself out to be a law enforcement officer. Special rangers are limited to livestock and limited offenses. Instead, he was investigating pictures sent to a minor. He was [way] outside his limited authority and it\u2019s suppressed. The Texas exclusionary rule protects against pretend officers, too. State v. Coleman<\/a>, 2024 Tex. App. LEXIS 7788 (Tex. App. \u2013 Tyler Oct. 31, 2024).<\/p>\n\n\n\n

The factual issues involving whether defendant\u2019s arrest remain unsettled for an ineffective assistance claim, so the court will conduct a hearing on that. United States v. Jenkins, 2024 U.S. Dist. LEXIS 198122 (E.D. Ky. Oct. 31, 2024).*<\/p>\n\n\n\n

Defendant\u2019s cell phone (if it was his) was in the custody of the government for over two years. He refused to provide the passcode. He doesn\u2019t expressly claim the phone is his. He seeks access to the phone to look at it and then would re-lock it and give it back. There\u2019s no authority for this. United States v. Gray, 2024 U.S. Dist. LEXIS 198035 (S.D.N.Y. Oct. 30, 2024).*<\/p>\n\n\n\n

Defendant seeks to segregate the facts to show a lack of reasonable suspicion, but that\u2019s not how it works. It\u2019s the totality. United States v. Rivera, 2024 U.S. Dist. LEXIS 198181 (S.D.N.Y. Oct. 31, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

A special ranger employed by the Texas & Southwest Cattle Raisers Association (TSCRA) recognized as part of the Texas DPS held himself out to be a law enforcement officer. Special rangers are limited to livestock and limited offenses. Instead, he … 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":[5,14,23,35,63],"tags":[],"class_list":["post-59269","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-exclusionary-rule","category-ineffective-assistance","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59269","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=59269"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59269\/revisions"}],"predecessor-version":[{"id":59270,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59269\/revisions\/59270"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59269"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59269"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59269"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}