{"id":61129,"date":"2025-05-28T07:53:25","date_gmt":"2025-05-28T12:53:25","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61129"},"modified":"2026-02-15T13:35:03","modified_gmt":"2026-02-15T18:35:03","slug":"tx5-no-standing-in-a-house-where-def-under-a-no-contact-order-to-stay-out","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=61129","title":{"rendered":"TX5: No standing in a house where def under a no contact order to stay out"},"content":{"rendered":"\n

Defendant had no standing to contest the search of a house he was under a no contact order to stay away from. Yet, he was found there. Coggins v. State<\/a>, 2025 Tex. App. LEXIS 3587 (Tex. App. \u2013 Dallas May 27, 2025).<\/p>\n\n\n\n

Pro se plaintiff\u2019s wrongful state eviction claim is barred by Rooker-Feldman, and the defendants aren\u2019t state actors for Fourth Amendment purposes. Anderson v. Stern & Eisenberg, P.C., 2025 U.S. Dist. LEXIS 100242 (D.N.J. May 27, 2025).*<\/p>\n\n\n\n

The search warrant here wasn\u2019t based solely on defendant\u2019s indictment \u2013 there was more information. United States v. Bussey, 2025 U.S. Dist. LEXIS 100152 (S.D. Ga. May 27, 2025).*<\/p>\n\n\n\n

Updated: <\/strong>Under state law, there are heightened requirements for cell phone search warrants, and the warrant here authorized searching for and seizure but not search of the phone. A second warrant was issued to search the phone, and it was based on independent sources of information and was valid. State v. Lankford, 2025 Tex. App. LEXIS 3588 (Tex. App. \u2013 El Paso May 27, 2025).* On rehearing, the first search was for images and was valid and the good faith exception applied. State v. Lankford, 2026 Tex. App. LEXIS 1433 (Tex. App. — El Paso Feb. 12, 2026) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant had no standing to contest the search of a house he was under a no contact order to stay away from. Yet, he was found there. Coggins v. State, 2025 Tex. App. LEXIS 3587 (Tex. App. \u2013 Dallas May … 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":[5,60,126,20,18],"tags":[],"class_list":["post-61129","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-independent-source","category-issue-preclusion","category-probable-cause","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61129","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=61129"}],"version-history":[{"count":4,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61129\/revisions"}],"predecessor-version":[{"id":63199,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61129\/revisions\/63199"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61129"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61129"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61129"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}