Flashcards in Case Questions Deck (23)
Is a driver's license checkpoint ok/
Lujan CCA 2011
Does "reasonable suspicion" have to point to particular offense?
NO. Just unusual activity, some indication it's related to crime.
Derichsweiller CCA 2011
Upon executing search warrant, cops see suspicious new items, can they investigate further to determine if those items are stolen?
Yes, as long as their investigation does not expand SEARCH beyond that authorized by law.
Character of items as "stolen" need not be "immediately apparent" under White.
State v. Dobbs CCA 2011
Cops saw in PLAIN VIEW golf clubs, radioed about burglaries, country club burglarized (same logo) - BOOM theft case.
What if affidavit for blood warrant only has the date on it, but no time?
State v. Jordan, CCA 2011 - warrant issued at 3:54AM same day affidavit states observation, SO can reasonably infer within 4 hours
Can cops taze the hell out of some crackhead when he puts crack in his mouth?
NO. Hereford CCA 2011
Handcuffed Hereford wouldn't take a pill at hospital or allow police to open his mouth, so they tased him in the nuts (4 - 8 times)
Not reasonable force , suppressed
After cop asks 6 times for consent to search a car, and D says "I guess", is that consent?
Meekins CCA 2011
He was a little meekINS about consent, but enough to give consent haha
Can a 13 year old give consent to enter a home?
Yes based on "widely shared social expectations" cops could think a lone, adolescent could give consent.
NOT a blanket rule
Limon CCA 2011
When can police gain access to a residence based on police created exigent circumstance?
King S.Ct. 2011
Even if police created exigency (destruction of evidence) police can enter, so long as exigency is not created by 4th Amendment violation
This changed law in 5th Cir. which some Texas courts relied on.
What happens when police rely on current precedent to violate 4th Amendment?
It's ok. Police relied on Belton to violate 4th Amendment and Arizona v. Gant - reasonable "good faith"
Not going to work in Texas, because 38.23 "good faith" only applies to defective warrants where affidavit still establishes PC
Prosecutor may make some "Public Duty" exception under Texas Penal Code 9.02
Should a person's age be considered when determining whether they reasonably believe they are in custody for Miranda purposes?
Yes. J.D.B. S.Ct. 2011
That is one factor, because kids are more susceptible to feeling confined or intimidated
This was already the law in Texas
Who has the burden in a motion to suppress based on a statutory violation in a warrantless search (consent given)?
38.23 Motions to Suppress based on statutory violation, the D has burden of production and persuasion
Robinson CCA 2011
Consent blood draw, State stipulated to no warrant, D challenged based on "qualified technician"
If you win a motion to suppress in misdemeanor case does it carry over into felony?
No. Not barred by res judicata or collateral estoppel
York, CCA 2011
D acquitted on Fail to ID because judge granted motion to suppress detention at trial.
Later State prosecuted on felony possession of meth.
What if State alleges "unknown" manner and means, but proves two possible theories at trial, how should the jury be charged?
Charge on the theories.
Sanchez CCA 2012
What age of victim makes a murder capital?
Younger than 10
This changed from younger than 6 in 2011
Does an amendment to a judicial confession for a lesser charge ammend to the indictment?
No. So, if you think you're pleaing to Sex. Assault under 17 (2-20) and get a 21 year sentence - you're not. You're actually pleaing to Sex. Assault of child younger than 14 and you get a 5-99 range, so 21 year sentence is legal.
Puente CCA 2011
Is "pulling the trigger on an operable gun" sufficient for reckless discharge?!
Rodriguez CCA 2011
Cites TCCP 21.15 - reckless requires specific acts alleged
If D charged with retaliation against a "witness" but State proves "informant" or "potential witness" is this a fatal variance at trial?
Cada CCA 2011
If State alleges theft from "Mike" does State have to prove theft from "Mike"?
Yes. Not Wal-Mart.
Byrd CCA 2011
Can a cop question a witness in Grand Jury proceeding?
No. It's against TCCP.
BUT Harmless - non-constitutional and affected no substantial right
Mason CCA 2010
Does a judge that says "I will only accept a plea bargain for the max" require recussal?
No. He heard some evidence, and it was only a plea bargain.
Gaal CCA 2011
Can counsel in death penalty case be disqualified for representing one for one of the State's witnesses?
NO. Abuse of discretion. 6th A?
Bowen v. Carnes CCA 2011 on mandamus
Where psychologists uses his own method for determining future dangerousness that no one else knows about..., is that ok?
No. Coble CCA 2010