{"id":43602,"date":"2020-05-06T09:03:08","date_gmt":"2020-05-06T14:03:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43602"},"modified":"2020-05-06T09:03:08","modified_gmt":"2020-05-06T14:03:08","slug":"tx6-even-if-defs-vehicle-was-over-the-property-line-and-not-on-the-property-subject-to-sw-was-the-officers-mistake-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43602","title":{"rendered":"TX6: Even if def’s vehicle was over the property line and not on the property subject to SW, was the officer’s mistake reasonable?"},"content":{"rendered":"\n

Officers had a search warrant for vehicles on a particular piece of property. Defendant contended his vehicle wasn\u2019t on the property. Even if the officer was wrong, was his belief unreasonable? \u201cThe Brinegar Court explained the requirement of reasonableness in a way that is particularly apt here: \u2018Because many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. But the mistakes must be those of reasonable [persons], acting on facts leading sensibly to their conclusions of probability.\u2019 \u2026 This is because \u2018sufficient probability, not certainty, is the touchstone of reasonableness under the Fourth Amendment.\u2019 \u2026 The record here adequately demonstrates the objective reasonableness of Massey’s interpretation of the scope of the warrant. \u2026 We, therefore, find no Fourth Amendment violation resulting from the search of Lamb’s vehicle.\u201d Taking a cell phone from defendant\u2019s pocket to seize it under the warrant for property at that address was unreasonable. Lamb v. State<\/a>, 2020 Tex. App. LEXIS 3225 (Tex. App. \u2013 Texarkana Apr. 17, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"

Officers had a search warrant for vehicles on a particular piece of property. Defendant contended his vehicle wasn\u2019t on the property. Even if the officer was wrong, was his belief unreasonable? \u201cThe Brinegar Court explained the requirement of reasonableness in … 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":[59,16],"tags":[],"class_list":["post-43602","post","type-post","status-publish","format-standard","hentry","category-scope-of-search","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43602","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=43602"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43602\/revisions"}],"predecessor-version":[{"id":43603,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43602\/revisions\/43603"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43602"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43602"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43602"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}