{"id":62023,"date":"2025-09-30T21:19:00","date_gmt":"2025-10-01T02:19:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62023"},"modified":"2025-10-01T06:59:37","modified_gmt":"2025-10-01T11:59:37","slug":"tx4-bullet-holes-in-truck-justified-its-seizure-for-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62023","title":{"rendered":"TX4: Bullet holes in truck justified its seizure for SW"},"content":{"rendered":"\n

Plain view of bullet holes in defendant\u2019s truck justified its seizure and transport to police impound lot where it was searched with a warrant. Lee v. State<\/a>, 2025 Tex. App. LEXIS 7569 (Tex. App. \u2013 San Antonio Sep. 30, 2025).<\/p>\n\n\n\n

The searches of defendant\u2019s cars were justified by the automobile exception and that moots out his search warrant claim and Franks challenge. United States v. Henderson, 2025 U.S. Dist. LEXIS 191965 (W.D. Wash. Sep. 29, 2025).<\/p>\n\n\n\n

\u201cApplying these principles, the Court concludes that the warrants were supported by probable cause. The warrant applications described the discovery of a dead body in Lewis’s trailer, along with observations from both Standish and Detective Green indicating potential criminal activity. Standish observed that the body showed evidence of violence and looked \u2018beaten up.\u2019 Based on his initial investigation, Detective Green indicated that the death \u2018may have been the result of foul play.\u2019 In assessing whether probable cause existed to believe a homicide occurred, the court was entitled to consider Detective Green’s 15 years of law enforcement experience.\u201d United States v. Lewis, 2025 U.S. Dist. LEXIS 191941 (D. Mont. Sep. 29, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Plain view of bullet holes in defendant\u2019s truck justified its seizure and transport to police impound lot where it was searched with a warrant. Lee v. State, 2025 Tex. App. LEXIS 7569 (Tex. App. \u2013 San Antonio Sep. 30, 2025). … 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":[36,51,20,69],"tags":[],"class_list":["post-62023","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-plain-view","category-probable-cause","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62023","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=62023"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62023\/revisions"}],"predecessor-version":[{"id":62024,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62023\/revisions\/62024"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62023"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62023"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62023"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}