{"id":62283,"date":"2025-11-10T09:09:24","date_gmt":"2025-11-10T14:09:24","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62283"},"modified":"2025-11-10T09:09:24","modified_gmt":"2025-11-10T14:09:24","slug":"tx1-pervasiveness-of-cell-phone-use-is-nexus-in-a-home-invasion-case-where-victim-knew-def","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=62283","title":{"rendered":"TX1: Pervasiveness of cell phone use is nexus in a home invasion case where victim knew def"},"content":{"rendered":"\n

The CSLI \u201caffidavit showed a fair probability that the cell-site location data associated with Frazier’s cell phone would further incriminate Frazier (an identified suspect in the crime at issue) by confirming that he was in the vicinity of the crime when it occurred. The affidavit contained specific facts that showed a connection between Frazier, the phone owner, and the crime.\u201d Nexus: \u201cGiven the pervasive use of cell phones in contemporary society, Pope asserted it was reasonable to infer Frazier had his cell phone on his person when he committed the robbery. He also asserted that it was fairly probable that the cell phone location data would help confirm Frazier’s location before, during, and after the crime.\u201d Frazier v. State<\/a>, 2025 Tex. App. LEXIS 8552 (Tex. App. \u2013 Houston (1st Dist.) Nov. 6, 2025).
<\/p>\n\n\n\n

The claim the search warrant was obtained by witness bribery is unsupported. Successor 2255 is denied. In re Alward, 2025 U.S. App. LEXIS 29153 (6th Cir. Nov. 5, 2025).*<\/p>\n\n\n\n

\u201cConsidering the totality of the circumstances, including Officer Jensen’s training and experience, his observations of Mr. Davis driving his pickup, and the dash cam footage, we conclude the district court reasonably found Officer Jensen had a sufficient basis to believe Mr. Davis had committed a traffic violation.\u201d Drewry v. Brenner, 2025 WY 121 (Nov. 6, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The CSLI \u201caffidavit showed a fair probability that the cell-site location data associated with Frazier’s cell phone would further incriminate Frazier (an identified suspect in the crime at issue) by confirming that he was in the vicinity of the crime … 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":[104,84,38,35],"tags":[],"class_list":["post-62283","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-cell-site-location-information","category-nexus","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62283","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=62283"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62283\/revisions"}],"predecessor-version":[{"id":62284,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62283\/revisions\/62284"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62283"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62283"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62283"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}