In a recent opinion coming out of a Texas court, the defendant argued that a lower court had unreasonably denied his motion to suppress incriminating evidence. After considering the appeal, the higher court affirmed that the evidence was properly admitted, and the defendant’s appeal was denied. Facts of the Case…
In a recent drug case coming out of a Texas court, the higher court agreed with a lower court’s ruling that incriminating evidence should have been suppressed. Originally, the defendant in the case was charged with marijuana possession, but he filed a motion to suppress the drugs because he did…
In a recent drug case coming out of a Texas court, the defendant’s challenge to a lower court’s ruling was denied. The defendant took issue with the fact that the lower court denied her motion to suppress incriminating evidence, evidence that ultimately led to her conviction for possession of a…
In a recent drug case in Texas, the court denied the defendant’s motion to suppress incriminating evidence. Originally charged with possession of PCP, the defendant appealed his guilty verdict by arguing that the court should not have denied his motion to suppress evidence. The higher court rejected the defendant’s argument,…
The Fourth Amendment to the U.S. Constitution protects residents from unreasonable search and seizure of their property by law enforcement. The legal remedy for a defendant whose constitutional rights are violated in this context is the exclusion of any evidence found in such a search from their criminal prosecution. Although…
While Texas has taken some small steps in light of the national shift towards the decriminalization and legalization of marijuana, the drug is largely still illegal except for those with a valid prescription. The continued prohibition on marijuana possession—even in small amounts—has led many to seek out legal alternatives to…
The Fourth and Fourteenth Amendments to the U.S. Constitution protect defendants from unreasonable searches and seizures of themselves, their homes, and their property. Evidence gathered in violation of the Fourth Amendment cannot be used against a defendant at trial. Thus, defendants who can prove that the evidence used against them…