{"id":18724,"date":"2015-09-06T00:30:23","date_gmt":"2015-09-06T05:30:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18724"},"modified":"2015-09-06T09:32:39","modified_gmt":"2015-09-06T14:32:39","slug":"tx6-failure-to-cite-state-constitution-and-rules-in-argument-on-motion-to-suppress-was-waiver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18724","title":{"rendered":"TX6: Failure to cite state constitution and rules in argument on motion to suppress was waiver"},"content":{"rendered":"

While defendant\u2019s motion to suppress cited the Fourth Amendment, the state constitution, and state criminal rules, at the hearing defendant mentioned only the Fourth Amendment, so the others were waived. Glenn v. State<\/a>, 2015 Tex. App. LEXIS 9433 (Tex. App. \u2013 Texarkana September 4, 2015).<\/p>\n

Defendant was stopped because he weaved and his license plate light was out, but he stopped in the middle of the road, then pulled off. When asked for his ID he handed over his wallet. He also had watery bloodshot eyes and said he had \u201ctwo beers.\u201d There was reasonable suspicion, and the trial court erred in suppressing the stop. State v. Albaugh<\/a>, 2015-Ohio-3536, 2015 Ohio App. LEXIS 3452 (5th Dist. August 28, 2015).*<\/p>\n

\u201cFurther, the information set forth in the affidavits that was provided by the confidential informant is detailed and specific, and is, at least in part, consistent with other information independently learned by the agent.\u201d The affidavit also mentioned the CI was seeking consideration in his own criminal case. There was probable cause. United States v. Crew, 2015 U.S. Dist. LEXIS 115781 (S.D.Ohio August 31, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

While defendant\u2019s motion to suppress cited the Fourth Amendment, the state constitution, and state criminal rules, at the hearing defendant mentioned only the Fourth Amendment, so the others were waived. Glenn v. State, 2015 Tex. App. LEXIS 9433 (Tex. App. … 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":[66,44,35],"tags":[],"class_list":["post-18724","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-informant-hearsay","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18724","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=18724"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18724\/revisions"}],"predecessor-version":[{"id":18746,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18724\/revisions\/18746"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18724"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18724"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18724"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}