{"id":15260,"date":"2015-01-02T00:51:13","date_gmt":"2015-01-02T05:51:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15260"},"modified":"2015-01-01T09:26:33","modified_gmt":"2015-01-01T14:26:33","slug":"tx13-dog-sniff-on-front-porch-ten-months-before-jardines-was-unreasonable-consent-tainted","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=15260","title":{"rendered":"TX13: Dog sniff on front porch ten months before Jardines was unreasonable; later consent tainted"},"content":{"rendered":"

On an anonymous and unverified crimestoppers tip, four officers and a drug dog show up at defendant\u2019s house for a dog sniff of his front door, ten months before Jardines was decided. A 2003 Texas case from a different appellate district said that this was permissible. The state conceded application of Jardines, and argued that defendant consented to a search of his house. The court finds that the search was hardly voluntary, given that the show of force was intended to overcome free will. There are no adequate intervening factors for consent. State v. Pena<\/a>, 2014 Tex. App. LEXIS 13824 (Tex. App. \u2013 Corpus Christi – Edinburg December 30, 2014).<\/p>\n

The record on the question of consent is incomplete, and the case is remanded for a new suppression hearing. State v. Schexnayder, 2014 La. App. LEXIS 3081 (La.App. 5 Cir. December 30, 2014) (may be unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"

On an anonymous and unverified crimestoppers tip, four officers and a drug dog show up at defendant\u2019s house for a dog sniff of his front door, ten months before Jardines was decided. A 2003 Texas case from a different appellate … 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":[24,19,27],"tags":[],"class_list":["post-15260","post","type-post","status-publish","format-standard","hentry","category-consent","category-curtilage","category-dog-sniff"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15260","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15260"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15260\/revisions"}],"predecessor-version":[{"id":15276,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15260\/revisions\/15276"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}