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Blog Posts in July, 2011

Case Of The Day: Curtilage Around One's Home, Continued.

The San Antonio Court of Appeals issued an interesting opinion recently. The facts were as follows: A confidential informant told police that the suspect was growing marijuana at his home. The ...
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What Constitutional Protections Does A Person Have In Their Backyard?

As we have noted in our examination of Fourth Amendment jurisprudence, a person has Fourth Amendment to the United States Constitution and Article I, Section 9 of the Texas Constitution protection ...
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Drug Enforcement Agency Names "Bath Salts" A Drug Of Concern

No one would ever associate "bath salts" with drug use, but the Drug Enforcement Agency has recently named "bath salts" a drug of concern. In fact, the Drug Enforcement Agency just ...
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In Texas Specifically, Is There A Warrant Requirement?

We know that the Fourth Amendment to the United States Constitution requires that all searches and seizures shall be conducted pursuant to a warrant. No warrant shall issue without probable cause. ...
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Do The Police Need A Warrant To Conduct A Search?

It is always important to take a step back and remember why there is a Fourth Amendment . Remember, the Fourth Amendment protects against unreasonable searches and seizures. As a general rule, the law ...
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Fourth Amendment Protection In My Home, Continued.

If you will recall, we have addressing the Fourth Amendment and protection in one's home. After all, there is no greater sense of protection and privacy that one has in his or her own home. We have ...
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Can The Police Use A Drug Sniffing Dog Outside Of My Home?

This question might seem weird--but, today we are evaluating this unique situation to see just how far we have gone in the Fourth Amendment. As you may recall, the Fourth Amendment provides us great ...
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How Does The Use Of Drug-Sniffing Dogs Affect My Fourth Amendment Rights?

Snoopy. Marmaduke. Lassie. All are man's best friend. Unless that man is a suspect in drug case. Then K-9s use their highly evolved sense of smell into some of the most efficient crime combatants in ...
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How Does The Fourth Amendment Protect Me In My Home?

If you will recall, in a previous blog post we analyzed the evolution of the Fourth Amendment and its focus of protection on privacy (e.g., people) and not things. Perhaps though, no thing in this ...
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