{"id":16530,"date":"2015-03-30T00:09:28","date_gmt":"2015-03-30T05:09:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16530"},"modified":"2015-03-28T14:31:22","modified_gmt":"2015-03-28T19:31:22","slug":"ca5-texas-deer-breeding-industry-is-closely-regulated","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=16530","title":{"rendered":"CA5: Texas deer breeding industry is &#8220;closely regulated&#8221;"},"content":{"rendered":"<p>Based on prior case law, \u201cthe provisions regulating the [Texas] deer breeder industry are sufficiently \u2018extensive\u2019 to place that activity \u2018squarely within the class of industries to which Burger applies.\u2019\u201d Therefore, it was a closely regulated industry, and the administrative search was valid, so the \u00a7 1983 claim is dismissed. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/14\/14-10297.0.pdf\">Anderton v. Tex. Parks &#038; Wildlife Dep&#8217;t<\/a>, 2015 U.S. App. LEXIS 4911 (5th Cir. March 26, 2015).<\/p>\n<p>Alleged unlawful [and viable] protective issue was not preserved at the suppression hearing. There was even an opportunity at trial do so again, and it didn\u2019t happen then either. Held waived for appeal. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=3619ba31-9812-41fc-9949-1289ef01bfbe\">Jackson v. State<\/a>, A14A1853 (Ga. App. March 25, 2015) (mem. op.).*<\/p>\n<p>Defendant was indicted for dog fighting. The initial entry into his property was without probable cause and thin exigency [a flushing toilet; doing what? Flushing a dog?], if it was without consent. Nevertheless, defendant consented to a search after the officers asked him to restrain his pit bull, and he was cooperative after that. The court concludes the pit bull restraint kept the officers out. United States v. Wortham, 2015 U.S. Dist. LEXIS 38660 (W.D.Wis. March 26, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Based on prior case law, \u201cthe provisions regulating the [Texas] deer breeder industry are sufficiently \u2018extensive\u2019 to place that activity \u2018squarely within the class of industries to which Burger applies.\u2019\u201d Therefore, it was a closely regulated industry, and the administrative &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=16530\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[9,66,24],"tags":[],"class_list":["post-16530","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-burden-of-proof","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16530","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=16530"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16530\/revisions"}],"predecessor-version":[{"id":16531,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16530\/revisions\/16531"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16530"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16530"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16530"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}