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TX9: Driver of truck present with owner could consent

By John Wesley Hall, Jr.

Co-driver with owner of truck was capable of consent, even though owner (defendant, with a superior legal interest) was also present. Houston v. State, 2009 Tex. App. LEXIS 3665 (Tex. App.–Beaumont May 27, 2009),* citing Maxwell v. State, 73 S.W.3d 278, 282 (Tex. Crim. App. 2002). "[A]lthough Defendant showed that an omission occurred, he made no showing that the affiant intended to mislead the judge by that omission." United States v. Merrell, 2009 U.S. App. LEXIS 11364, 2009 FED App. 0382N (6th Cir. May 28, 2009)* (unpublished). Defendant was not seized when he walked away from officers calling for him to stop. He was when they laid hands upon him. Officers had reasonable suspicion based on the fact it was a high crime area and they were sent by dispatch to the place of a fight...continue to full post

Full post as published by Fourth Amendment on May 30, 2009 (boomark / email).