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Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant
by Anthony Accurso
The Court of Criminal Appeals of Texas held that the good faith exception to Texas’ exclusionary rule does not apply where an officer executes a search warrant that he knows is based on an unsworn affidavit.
In the early morning hours of July 9, 2016, Officer Tyler ...
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More from this issue:
- No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths, by David Reutter
- A Primer on Overcriminalization, by David Reutter
- Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner, by Dale Chappell
- Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense, by Dale Chappell
- Federal Habeas Corpus: Filing Procedures, by Dale Chappell
- The Parole App Trap, by Jayson Hawkins
- Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional, by Anthony Accurso
- Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement, by Douglas Ankney
- New Jersey Police Union Contracts Laden With Financial Largesse, by Casey Bastian
- D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief, by Dale Chappell
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, by Derek Gilna
- Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release, by Douglas Ankney
- Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District, by Dale Chappell
- Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records, by Douglas Ankney
- Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit, by Casey Bastian
- Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests, by Douglas Ankney
- Tech Company Enables Surveillance, by Jayson Hawkins
- Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice, by Douglas Ankney
- Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation, by Dale Chappell
- Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant, by Anthony Accurso
- Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme, by Anthony Accurso
- New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need, by Douglas Ankney
- Orwellian Fusion Centers Are Watching You, by Casey Bastian
- Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment, by David Reutter
- California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program, by Douglas Ankney
- North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment, by Matthew Clarke
- New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’, by Douglas Ankney
- Surveillance and the City, by Jayson Hawkins
- Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop, by Douglas Ankney
- Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy, by Douglas Ankney
- Illinois Study: Crime Rate not Tied to Prison Population Levels, by Kevin Bliss
- Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus, by Dale Chappell
- Tracking Browser History, by Jayson Hawkins
- Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent, by Anthony Accurso
- All Bark but No Bite, by Douglas Ankney
- Socially Unacceptable New York Cops, by Edward Lyon
- News in Brief
- New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants, by Douglas Ankney
More from Anthony Accurso:
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, May 1, 2025
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025
- Fourth Circuit Reverses Denial of Counsel for “Low IQ” North Carolina Prisoner, March 1, 2025
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025
- New Mexico Settles Suit Alleging Failure To Implement Expanded Voting For Felons, March 1, 2025
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
More from these topics:
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025. Vehicle Searches, Probable/Proximate Cause, Warrantless Searches, Marijuana Laws/Issues.
- Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers, Sept. 1, 2024. Parole/Probation Searches, Nexus between crime and property, Warrantless Searches.
- Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution, Aug. 1, 2024. Police State-Surveillance, Warrantless Searches.
- Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration, July 15, 2024. Constitution, state, Good Faith Exception.
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024. Medication, Statistics/Trends, Warrantless Searches.
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024. Parole/Probation Searches, Condition of Probation, Warrantless Searches.
- CBP Promises Not to Buy Location Data – But Is It a Hollow Promise?, Dec. 15, 2023. Police Misconduct, Warrantless Searches, Electronic Surveillance, Digital Devices.
- Law Enforcement Using Technology That Accesses Live Video From Any Camera Connected to the Internet, Sept. 1, 2023. Warrantless Searches, Electronic Surveillance.
- New Montana Law Bans Warrantless Facial Recognition Surveillance, Sept. 1, 2023. Warrantless Searches, Authentication/Identification, EP2P Software, Eyewitness Identification.
- California Supreme Court Announces Warrantless Search Parole Condition Does Not Dissipate Taint of Unlawful Detention and Subsequent Search, Suppresses Evidence, Aug. 1, 2023. Warrantless Searches, Suppression, Probation, Parole & Supervised Release.