{"id":52352,"date":"2022-05-12T16:22:58","date_gmt":"2022-05-12T21:22:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52352"},"modified":"2022-05-12T16:22:58","modified_gmt":"2022-05-12T21:22:58","slug":"tx13-stop-was-consensual-but-became-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52352","title":{"rendered":"TX13: Stop was consensual but became unreasonable"},"content":{"rendered":"\n

\u201cWe therefore conclude that, although appellant’s encounter with police may have been consensual initially, it advanced into a \u2018seizure\u2019 for Fourth Amendment purposes before appellant made any incriminating statements. Because there was no warrant, reasonable suspicion, or probable cause to support such a seizure, the trial court erred in denying the motion to suppress.\u201d The state also hasn\u2019t shown attenuation. Garcia v. State<\/a>, 2022 Tex. App. LEXIS 3231 (Tex. App. \u2013 Corpus Christi – Edinburg May 12, 2022).*<\/p>\n\n\n\n

Several officers pulled up to a Taco Bell parking lot because defendant was reported there asleep in his car at night. Their shining flashlights into the car didn\u2019t wake him up. A gun was in plain view on the console, and its seizure was reasonable. United States v. Penn, 2022 U.S. Dist. LEXIS 85412 (S.D.Ind. May 11, 2022).*<\/p>\n\n\n\n

Defendant\u2019s stop was justified by his missing front license plate. Cortez v. State, 2022 Tex. App. LEXIS 3206 (Tex. App. \u2013 Eastland May 11, 2022).*<\/p>\n\n\n\n

Probable cause was shown for this warrant for child porn. United States v. Vincent, 2022 U.S. Dist. LEXIS 85548 (N.D.Ga. May 3 , 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cWe therefore conclude that, although appellant’s encounter with police may have been consensual initially, it advanced into a \u2018seizure\u2019 for Fourth Amendment purposes before appellant made any incriminating statements. Because there was no warrant, reasonable suspicion, or probable cause 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":[75,51,35],"tags":[],"class_list":["post-52352","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52352","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=52352"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52352\/revisions"}],"predecessor-version":[{"id":52353,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52352\/revisions\/52353"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52352"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52352"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52352"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}