{"id":57314,"date":"2024-03-13T15:23:16","date_gmt":"2024-03-13T20:23:16","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57314"},"modified":"2024-03-13T15:23:16","modified_gmt":"2024-03-13T20:23:16","slug":"w-d-tex-no-rep-in-tent-where-def-was-trespassing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57314","title":{"rendered":"W.D.Tex.: No REP in tent where def was trespassing"},"content":{"rendered":"\n<p>Where defendant was staying in a tent on TXDOT property with no trespassing signs, he had no reasonable expectation of privacy when an officer opened the tent flap and saw marijuana and a gun. He was a felon in possession. This is distinguishable from tents where the accused was permitted to set one up. United States v. Parkerson, 2024 U.S. Dist. LEXIS 42975 (W.D. Tex. Mar. 12, 2024).<\/p>\n\n\n\n<p>There was reasonable suspicion to stop defendant who was parked in early morning hours at a construction area and then fled when the officer returned to check on him. United States v. Pearce, 2024 U.S. App. LEXIS 5811 (10th Cir. Mar. 11, 2024).*<\/p>\n\n\n\n<p>Petitioner\u2019s 2254 claim was barred by Stone v. Powell. It was litigated below. Scyphers v. Andrewjeski, 2024 U.S. Dist. LEXIS 42612 (E.D. Wash. Mar. 11, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Where defendant was staying in a tent on TXDOT property with no trespassing signs, he had no reasonable expectation of privacy when an officer opened the tent flap and saw marijuana and a gun. He was a felon in possession. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57314\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[126,18,35,70],"tags":[],"class_list":["post-57314","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-reasonable-expectation-of-privacy","category-reasonable-suspicion","category-trespass"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57314","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=57314"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57314\/revisions"}],"predecessor-version":[{"id":57315,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57314\/revisions\/57315"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57314"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57314"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}