{"id":52450,"date":"2022-05-28T11:20:02","date_gmt":"2022-05-28T16:20:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52450"},"modified":"2022-05-28T11:20:02","modified_gmt":"2022-05-28T16:20:02","slug":"tx13-gated-community-not-curtilage-but-defs-own-curtilage-was-violated","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52450","title":{"rendered":"TX13: Gated community not curtilage, but def’s own curtilage was violated"},"content":{"rendered":"\n

Where the officers followed defendant into a gated community, the roadway within was not curtilage. Evans v. State, 995 S.W.2d 284, 286 (Tex. App.\u2014Houston (14th Dist.) 1999, pet. ref’d). However, the entry into defendant\u2019s own curtilage was unreasonable. State v. Jones,<\/a> 2022 Tex. App. LEXIS 3575 (Tex. App. \u2013 Corpus Christi \u2013 Edinburgh May 26, 2022).<\/p>\n\n\n\n

In a search warrant application for cockfighting, defendant claims a Franks challenge from an alleged misstatement about the extent of public records searches to locate the owners and occupants of the land. \u201cGW has not met the threshold substantiality requirement for a Franks hearing and his request for a hearing is denied.\u201d There was probable cause for the warrant with defendant\u2019s alleged participation in the operation. United States v. Easterling, 2022 U.S. Dist. LEXIS 94169 (N.D.Ala. May 11, 2022).*<\/p>\n\n\n\n

The affidavit for the search warrant here showed probable cause on the totality, despite defendant\u2019s claim the CI wasn\u2019t properly corroborated. The CI was corroborated enough by what the officers otherwise learned about defendant\u2019s operation. United States v. Lowe, 2022 U.S. Dist. LEXIS 94191 (D.Kan. May 25, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Where the officers followed defendant into a gated community, the roadway within was not curtilage. Evans v. State, 995 S.W.2d 284, 286 (Tex. App.\u2014Houston (14th Dist.) 1999, pet. ref’d). However, the entry into defendant\u2019s own curtilage was unreasonable. State v. … 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":[19,21,44],"tags":[],"class_list":["post-52450","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-franks-doctrine","category-informant-hearsay"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52450","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=52450"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52450\/revisions"}],"predecessor-version":[{"id":52451,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52450\/revisions\/52451"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52450"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52450"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52450"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}