{"id":6696,"date":"2012-08-25T12:59:55","date_gmt":"2012-02-19T00:12:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-18T14:40:01","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6696","title":{"rendered":"TX4: State didn’t call officer and relied on his report and failed in its burden of proving exigency"},"content":{"rendered":"

A general denial of a motion to suppress preserves all the issues raised. In the suppression hearing, the state only put in the officer\u2019s report and the defendant testified. While the testimony at trial was far more complete, the state failed to prove destruction of the evidence as an exigent circumstance or consent, and the motion to suppress should have been granted. Turrubiate v. State<\/a>, 365 S.W.3d 780 (Tex. App. \u2013 San Antonio February 15, 2012) (dissent here<\/a>), PDR granted 2012 Tex. Crim. App. LEXIS 737 (Tex. Crim. App. June 6, 2012). [Note: One would suspect that the state knew the trial judge would deny the motion because of the trial judge’s predictability (i.e., denies all suppression motions, no matter what the merit), so it just didn’t care about the record.]<\/p>\n

\u201cThe motion judge did not err in essentially concluding that after being read Miranda rights, the defendant consented to the search based on a pragmatic assessment of the circumstances, and not because of coercion or duress.\u201d Commonwealth v. Charlton<\/a>, 81 Mass. App. Ct. 294, 962 N.E.2d 203 (2012).*<\/p>\n

Defense counsel was not ineffective, inter alia, because he \u201cdid not move to suppress the firearm on the grounds that the search warrant was not issued by a federal judge, was not supported by a proper affidavit, lacked the proper seals or stamps, and was not made available to defense counsel ….\u201d The motion to suppress was litigated on the merits before trial. United States v. Broadnax, 2012 U.S. Dist. LEXIS 19901 (N.D. Tex. January 11, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6696","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6696","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6696"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6696\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6696"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6696"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6696"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}