{"id":7185,"date":"2012-12-29T14:56:10","date_gmt":"2012-05-25T08:19:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-05-25T08:19:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7185","title":{"rendered":"TX7: IP address associated with downloading CP was PC for computers in house"},"content":{"rendered":"<p>An IP address traced to defendant\u2019s house was probable cause for a search warrant for computers hooked up to the premises for child pornography. Barrett v. State, 367 S.W.3d 919 (Tex. App. \u2013 Amarillo 2012).*<\/p>\n<p>The fact that defendant pursued a motion to suppress at the state trial court level shows that he had a full and fair opportunity to litigate the search claim, so he could not make a Fourth Amendment habeas claim. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/12\/12-5042.pdf\">Kidwell v. Martin<\/a>, 480 Fed. Appx. 929 (10th Cir. 2012).*<\/p>\n<p>(1) It was 1:15 a.m.; (2) criminal activity had recently increased in the area; (3) defendant was standing on the private property of an auto body shop; (4) the shop was closed; (5) no other businesses in the area were open; (6) no other people were nearby; (7) the officer heard a loud crash; (8) defendant fled; and (9) defendant was carrying bags. The officer reasonably concluded that he had reasonable suspicion that a theft had occurred. The motion to suppress was improperly granted. <a href=\"http:\/\/www.courts.state.co.us\/userfiles\/file\/Court_Probation\/Supreme_Court\/Opinions\/2011\/11SA368.pdf\">People v. Funez-Paiagua<\/a>, 2012 CO 37, 276 P.3d 576 (2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7185\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-7185","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7185","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=7185"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7185\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7185"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7185"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7185"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}