{"id":19255,"date":"2015-10-18T00:52:18","date_gmt":"2015-10-18T05:52:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19255"},"modified":"2015-10-18T10:22:25","modified_gmt":"2015-10-18T15:22:25","slug":"tx2-passenger-puking-in-car-was-not-an-exigent-circumstance-she-was-not-in-danger","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19255","title":{"rendered":"TX2: Passenger puking in car was not an exigent circumstance; she was not in danger"},"content":{"rendered":"<p>The fact defendant\u2019s passenger had puked in the car was not an exigency requiring police action. There was no evidence she was a danger to herself or others. They were already near hospitals. <a href=\"http:\/\/www.search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=6792d7bc-7edb-4eee-8a53-10aaf5678e44&#038;MediaID=aab64f85-82e2-43ad-a5a1-fd7556a8a7ac&#038;coa=COA02&#038;DT=Opinion\">Byram v. State<\/a>, 2015 Tex. App. LEXIS 10632 (Tex. App. \u2013 Ft. Worth Oct. 15, 2015).<\/p>\n<p>Defense counsel was not ineffective for not challenging the search in this case because defendant lacked standing. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/dietzchadrichard.pdf\">Dietz v. State<\/a>, 2015 Tenn. App. LEXIS 843 (Oct. 16, 2015).*<\/p>\n<p>CI\u2019s controlled buy the day before justified the issuance of the search warrant. United States v. Ledbetter, 2015 U.S. Dist. LEXIS 141146 (S.D.Ohio Oct. 16, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The fact defendant\u2019s passenger had puked in the car was not an exigency requiring police action. There was no evidence she was a danger to herself or others. They were already near hospitals. Byram v. State, 2015 Tex. App. LEXIS &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19255\">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":[3,23],"tags":[],"class_list":["post-19255","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19255","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=19255"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19255\/revisions"}],"predecessor-version":[{"id":19257,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19255\/revisions\/19257"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19255"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19255"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19255"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}