{"id":7159,"date":"2012-07-13T09:11:10","date_gmt":"2012-05-21T00:03:58","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-05-20T08:37:33","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7159","title":{"rendered":"TN: Defendant&#8217;s stepdaughter visiting him did not have apparent or actual authority to consent"},"content":{"rendered":"<p>Defendant\u2019s stepdaughter who was at best an overnight guest at defendant\u2019s house just passing through on a trip was not able to legally consent to a search of the house. When the police got there looking for a gun, they only knew defendant lived there, and they were looking around for a bystander who knew more. Then they found out about her, but they made no effort to determine her status in relation to the house. [Guest status here wouldn&#8217;t be enough, but the court doesn&#8217;t have to go that far. However, the constitutional violation was harmless based on all the evidence.] <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/pikeclaytonopn.pdf\">State v. Pike<\/a>, 2012 Tenn. Crim. App. LEXIS 317 (May 16, 2012).<\/p>\n<p>A judge in one county could not issue a search warrant to be executed in another county under Texas law. <a href=\"http:\/\/www.cca.courts.state.tx.us\/opinions\/HTMLopinionInfo.asp?OpinionID=22548\">Sanchez v. State<\/a>, 365 S.W.3d 681 (Tex. Crim. App. 2012). [Note: This is a state law issue because the Fourth Amendment doesn\u2019t care about county lines.]<\/p>\n<p>The officer\u2019s testimony that the defendant failed to stop for a crosswalk was not unsupported by the record, so the stop of the vehicle was justified. <a href=\"http:\/\/www.search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=14ef81ba-309c-4a6d-862b-d5697e8fe90e&amp;MediaID=cb9c0863-0a22-48ac-b358-57a5448f9677&amp;coa=coa14&amp;DT=Opinion\">McMahan v. State<\/a>, 2012 Tex. App. LEXIS 3912 (Tex. App. \u2013 Houston (14th Dist.) May 17, 2012) (on rehearing).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7159\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-7159","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7159","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=7159"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7159\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7159"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7159"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}