{"id":32529,"date":"2018-04-04T06:17:37","date_gmt":"2018-04-04T11:17:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32529"},"modified":"2018-04-04T06:17:37","modified_gmt":"2018-04-04T11:17:37","slug":"tx1-search-incident-and-inventory-invalid-for-failing-to-signal-as-to-inventory-the-inventorying-officer-is-a-necessary-witness","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32529","title":{"rendered":"TX1: Search incident and inventory invalid for failing to signal; as to inventory, the inventorying officer is a necessary witness"},"content":{"rendered":"<p>A drug officer called a patrol officer to stop defendant. After he failed to promptly signal a turn, he was stopped, handcuffed, and his car was searched. \u201cThe search of Appellant&#8217;s vehicle incident to his arrest for failing to signal a lane change and a turn exceeded the proper scope of a warrantless search incident to that arrest\u201d under Gant. \u201cWe hold the State failed to carry its burden of establishing the search qualified as an inventory pursuant to an impoundment of a vehicle.\u201d The inventorying officer wasn\u2019t called at the suppression hearing. <a href=\"http:\/\/www.search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=a85606d4-a0a5-4ebc-aaa2-47c660a16646&#038;MediaID=5f486d44-c690-4409-b5d0-25e8aef64ba6&#038;coa=\" + this.CurrentWebState.CurrentCourt + @\"&#038;DT=Opinion\">Marcopoulos v. State<\/a>, 2018 Tex. App. LEXIS 2351 (Tex. App. \u2013 Houston (1st Dist.) Apr. 3, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A drug officer called a patrol officer to stop defendant. After he failed to promptly signal a turn, he was stopped, handcuffed, and his car was searched. \u201cThe search of Appellant&#8217;s vehicle incident to his arrest for failing to signal &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32529\">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":[66,39,26],"tags":[],"class_list":["post-32529","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-inventory","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32529","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=32529"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32529\/revisions"}],"predecessor-version":[{"id":32530,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32529\/revisions\/32530"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32529"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32529"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32529"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}