{"id":46425,"date":"2020-12-13T13:17:55","date_gmt":"2020-12-13T18:17:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46425"},"modified":"2020-12-14T08:25:22","modified_gmt":"2020-12-14T13:25:22","slug":"tx14-sw-for-car-with-only-color-4-doors-and-race-and-gender-of-driver-in-houston-was-not-particular","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46425","title":{"rendered":"TX14: SW for car with only color, 4 doors, and race and gender of driver in Houston was not particular"},"content":{"rendered":"\n

All the police had was the color of the sedan, its number of doors, and the race and gender of its driver to indicate that the sedan in the affidavit was the same sedan as the one seen in the neighborhood. Without any further information connecting the two vehicles, it was not reasonable to infer that they were one and the same in the third largest county in the United States. As to his cell phone, no facts tied it to the offense, and there were no facts showing that a cell phone was used during the crime or shortly before or after, which was usually required to support a finding of probable cause. The suppression order is affirmed. State v. Baldwin<\/a>, 2020 Tex. App. LEXIS 9608 (Tex. App. \u2013 Houston (14th Dist.) Dec. 10, 2020) (en banc, 8-1), rev\u2019g State v. Baldwin, 2020 Tex. App. LEXIS 6173 (Tex. App. \u2013 Houston (14th Dist.) Aug. 6, 2020). [So it might be particular in a small town with few cars matching the description.]<\/p>\n","protected":false},"excerpt":{"rendered":"

All the police had was the color of the sedan, its number of doors, and the race and gender of its driver to indicate that the sedan in the affidavit was the same sedan as the one seen in the … 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":[65],"tags":[],"class_list":["post-46425","post","type-post","status-publish","format-standard","hentry","category-particularity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46425","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=46425"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46425\/revisions"}],"predecessor-version":[{"id":46436,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46425\/revisions\/46436"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46425"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46425"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46425"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}