As I have noted in prior posts, the Fourth Amendment to the United States Constitution and Article 1, §9 of the Texas Constitution prohibit unreasonable searches and seizures by law enforcement officers. Hayes v. State, 475 S.W.2d 739, 741 (Tex.Crim.App. 1971); Kolb v. State, 532 S.W.2d 87, 89 (Tex.Crim. App. 1976). However, the protections afforded [...]
A law enforcement officer may lawfully stop a vehicle and conduct a brief investigation when he observes a traffic violation. Strauss v. Texas, 121 S.W.3d 486, 490 (Tex.App. – Amarillo 2003, pet. ref’d.). In general, the decision to stop a vehicle is reasonable when the officer has probable cause to believe that a traffic violation [...]
The Fourth Amendment to the United States Constitution and Article 1, §9 of the Texas Constitution prohibit unreasonable searches and seizures by law enforcement officers. It is well established that the basic purpose of the Fourth Amendment is to safe guard the privacy and security of individuals against arbitrary invasion by governmental officials. Hayes v. [...]
It appears the United States Supreme Court does in fact recognize the Fourth Amendment to the United States Constitution. My faith is revived. In United States v. Jones, 565 U.S. __ (2012), the United States Supreme Court unanimously ruled that law enforcement officers violated the Fourth Amendment when they attached a GPS device to Antoine [...]
In Illinois vs. Caballes, 543 U.S. 405 (2005), the United States Supreme Court ruled that law enforcement officers do not need reasonable suspicion to use a drug dog to sniff a vehicle during a legitimate traffic stop. Roy Caballes was stopped by Daniel Gillette, an Illinois State Trooper, for speeding on Interstate 80 in La [...]