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Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes
by Anthony W. Accurso
The Court of Criminal Appeals of Texas held that a warrant affidavit failed to link a defendant’s cellphone to a crime under investigation where the warrant affidavit simply made generic statements about the ubiquity of cellphones and their use during criminal activity.
On September 18th, 2016, ...
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- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, by Dale Chappell, Jacob Barrett
- California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea, by David Reutter
- The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime, by Nisha Whitehead, John W. Whitehead
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- SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids, by Harold Hempstead
- Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes, by Anthony Accurso
- Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements, by Anthony Accurso
- New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation, by Douglas Ankney
- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, by Dale Chappell
- Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment, by Harold Hempstead
- SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment, by Harold Hempstead
- Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause, by Mark Wilson
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- Tech Giants Support Ban on Geofence and Reverse Keyword Warrants, by Anthony Accurso
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More from Anthony Accurso:
- $62,500 For Idaho Prisoner Raped by Guard Who Later Committed Suicide, June 1, 2025
- Eighth Circuit Lets Missouri Guard Skate For Placing Avowed Enemies In Same Cell, Resulting In Assault, June 1, 2025
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025
- Studies Link Incarceration with Lower Cancer Survival Rates—For Prisoner’s Partners, Too, May 1, 2025
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025
- Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers, April 15, 2025
- Crowdsourcing a Map to Track License Plate Surveillance, April 15, 2025
- D.C. Police Continue Heavy Investment in Social Media Monitoring, April 15, 2025
- $7.15 Million for Oklahoma Prisoner Exonerated After Nearly 50 Years, April 1, 2025
More from these topics:
- Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers, April 15, 2025. Databases, Searches - Cellphones/Computers/Internet, Immigration Law/Offenses, Fourth Amendment.
- Porn Produced by Georgia Prisoners, April 1, 2025. Guard Misconduct, Prison Gangs, Prison Rape Elimination Act, Internet, Pornography/Pornography Laws, Searches - Cellphones/Computers/Internet, Criminal Sexual Abuse.
- How Online Behavioral Ads Fuel Mass Surveillance, March 15, 2025. Internet, Police State-Surveillance, Searches - Cellphones/Computers/Internet, Electronic Surveillance.
- Government Hacks Computers to Thwart Hackers, March 15, 2025. Computer Searches, Searches - Cellphones/Computers/Internet.
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- 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. Fifth Amendment, Searches - Cellphones/Computers/Internet, Non-Testimonial, Testimonial Statements, Self-Incrimination Clause.
- Senate Votes to Increase Penalties for BOP Contraband Cellphone Smuggling, Jan. 15, 2025. Guard Misconduct, Cell Searches, Searches - Cellphones/Computers/Internet, Bureau of Prisons (BOP), Fines.
- Protect Yourself Against Police Invasion of Your Cellphone, Jan. 15, 2025. Searches - Cellphones/Computers/Internet, Cell-Phones.
- Recovering Deleted Messages, Dec. 15, 2024. Media, Forensic Sciences, Searches - Cellphones/Computers/Internet.
- Alabama Guard, Prisoners Among 13 Sentenced in Phone Scam and Drug-Smuggling Ring, Nov. 15, 2024. Guard Misconduct, Cell Searches, War on Drugs, Searches - Cellphones/Computers/Internet.