{"id":40266,"date":"2019-10-18T21:08:49","date_gmt":"2019-10-19T02:08:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40266"},"modified":"2019-10-18T21:08:49","modified_gmt":"2019-10-19T02:08:49","slug":"tx10-the-search-and-seizure-issue-in-the-trial-court-needs-to-be-the-same-as-the-one-presented-on-appeal-or-its-waived","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40266","title":{"rendered":"TX10: The search and seizure issue in the trial court needs to be the same as the one presented on appeal or it\u2019s waived"},"content":{"rendered":"

The search and seizure issue in the trial court needs to be the same as the one presented on appeal or it\u2019s waived. \u201cVillareal’s complaint on appeal that the trial court erred in denying Villareal’s motion to suppress as to the content seized from Villareal’s cell phone for which a search warrant was obtained does not comport with the complaint at trial that the cell phone was unlawfully seized and thus, has not been preserved for our review.\u201d Villareal v. State<\/a>, 2019 Tex. App. LEXIS 9120 (Tex. App. \u2013 Waco Oct. 16, 2019).<\/p>\n

In a 2255, defendant\u2019s person and status as a felon is not suppressed as a result of his allegedly illegally being detained. Abernathy v. United States, 2019 U.S. Dist. LEXIS 179531 (E.D. Tenn. Oct. 17, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The search and seizure issue in the trial court needs to be the same as the one presented on appeal or it\u2019s waived. \u201cVillareal’s complaint on appeal that the trial court erred in denying Villareal’s motion to suppress as to … 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],"tags":[],"class_list":["post-40266","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40266","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=40266"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40266\/revisions"}],"predecessor-version":[{"id":40267,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40266\/revisions\/40267"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40266"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40266"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40266"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}