{"id":6254,"date":"2011-11-11T03:59:13","date_gmt":"2011-11-10T08:43:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-10T08:43:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6254","title":{"rendered":"TX4: Taser pointed at face and officer pushing way in was not consent"},"content":{"rendered":"

The state failed to show consent for entry where the officer pointed a Taser in her face and pushed his way in. Turrubiate<\/a> v. State, 2011 Tex. App. LEXIS 8895 (Tex. App. \u2014 San Antonio November 9, 2011) (dissent<\/a>)*:<\/p>\n

In this case, the record as it existed at the time of the suppression hearing is particularly scant. In fact, the record before this court indicates that all the trial court had before it at the time of the hearing was appellant\u2019s motion to suppress, appellant\u2019s testimony, and the arresting officer\u2019s police report. Appellant testified that on February 11, 2010, Christopher Lopez, an investigator for Child Protective Services, knocked on appellant\u2019s front door while Deputy Santos Chavarria, a sheriff\u2019s officer with the Bexar County Sheriff\u2019s Office, \u201chid[] from out of sight … of the peephole.\u201d Appellant testified that when he \u201cbarely cracked open the door[],\u201d Deputy Chavarria \u201cpushed his way in with his hand, pointing his taser gun in my face, saying to turn around and put my hands behind my back. … And he put me in handcuffs and sat me down.\u201d At that point, appellant testified he gave Deputy Chavarria consent to search in a blue backpack nearby. Deputy Chavarria found a bag of marijuana inside the backpack and placed appellant under arrest.<\/p>\n

The State, which had the burden of proving a lawful entry and search, did not call Deputy Chavarria to testify during the hearing, but rather produced only his report, which contained the following handwritten statement: ….<\/p><\/blockquote>\n

A car was stop after a suspected hand-to-hand buy, and they gave up defendant. That was probable cause for a warrant. Even if their stop was unconstitutional, defendant cannot claim an injury from that. State v. Dingess<\/a>, 2011 Ohio 5659, 2011 Ohio App. LEXIS 4648 (10th Dist. November 3, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-6254","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6254","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=6254"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6254\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6254"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6254"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6254"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}