search exception (Texas) · Go Syfert
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search exception in Texas

34 Texas opinions name it 2 courts 1927–2024 3 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (18)

CaseFollowedCited
Schneckloth v. Bustamontegreen
scotus · 1973 · cited in 17 Texas opinions naming this issue, 1997–2016
2 sentences

2016Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973); Meekins v. State, 340 S.W.3d 454, 458 (Tex. Crim.

2015See Schneckloth v. Bustamonte, 412 U.S. 218, 219 , 93 S.Ct. 2041, 2044 , 36 L.Ed.2d 854 (1973).

717
Combest v. Stategreen
texapp · 1999 · cited in 6 Texas opinions naming this issue, 2003–2008
2 sentences

2008Combest v. State, 981 S.W.2d 958, 961 (Tex.App.–Austin 1998, pet. ref’d), citing Schneckloth v. Bustamonte, 412 U.S. 218, 219 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973).

2008Combest v. State, 981 S.W.2d 958, 961 (Tex.App.–Austin 1998, pet. ref’d), citing Schneckloth v. Bustamonte, 412 U.S. 218, 219 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973).

46
Carmouche v. Stategreen
texcrimapp · 2000 · cited in 4 Texas opinions naming this issue, 2001–2009
2 sentences

2009Schneckloth v. Bustamonte, 412 U.S. 218, 219 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973); Carmouche v. State, 10 S.W.3d 323, 331 (Tex.Crim.App. 2000).

2009Schneckloth v. Bustamonte, 412 U.S. 218, 219 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973); Carmouche v. State, 10 S.W.3d 323, 331 (Tex.Crim.App. 2000).

44
Roth v. Stategreen
texapp · 1995 · cited in 3 Texas opinions naming this issue, 1997–1999
2 sentences

1999Schneckloth v. Bustamonte, 412 U.S. 218, 219 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973); Rath v. State, 917 S.W.2d 292, 299 (Tex.App.—Austin 1995, no pet.).

1998Schneckloth v. Bustamonte , 412 U.S. 218, 219 (1973) ; Roth v. State , 917 S.W.2d 292, 299 (Tex. App.--Austin 1995, no pet.).

33
Reasor v. Stategreen
texcrimapp · 2000 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003Consent to the search is an exception to the requirement for a warrant and requires that the State prove by clear and convincing evidence, based on a totality of the circumstances, that the defendant gave consent freely and voluntarily. (footnote: 3) Hunter , 102 S.W.3d at 310 (citing Reasor v. State , 12 S.W.3d 813, 818 (Tex. Crim.

2003Consent to the search is an exception to the requirement for a warrant and requires that the State prove by clear and convincing evidence, based on a totality of the circumstances, that the defendant gave consent freely and voluntarily. 3 Hunter, 102 S.W.3d at 310 (citing Reasor v. State, 12 S.W.3d 813, 818 (Tex.Crim.App.2000)).

22
Valtierra v. Stategreen
texcrimapp · 2010 · cited in 2 Texas opinions naming this issue, 2019–2021
2 sentences

2021Valtierra, 310 S.W.3d at 448 .

2019Valtierra v. State, 310 S.W.3d 442, 448 (Tex. Crim.

12
Hollie v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Hollies, 967 S.W.2d at 522 (“in a search for error of constitutional dimension, the fact that a trial court does not search out and publicly target, specifically or inferentially, specific members of the jury and by a supplemental Allen charge urge them to re-evaluate their views, is very important vis-à- vis coercion of a verdict” (emphasis in original)).

11
Sanchez v. Stategreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022The question we must decide is whether the phone was illegally seized, not whether it was illegally searched, as the record shows the phone was searched after 37Segura v. United States, 468 U.S. 796, 806 (1984); Sanchez v. State, 365 S.W.3d 681, 686 (Tex. Crim.

11
Segura v. United Statesgreen
scotus · 1984 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022The question we must decide is whether the phone was illegally seized, not whether it was illegally searched, as the record shows the phone was searched after 37Segura v. United States, 468 U.S. 796, 806 (1984); Sanchez v. State, 365 S.W.3d 681, 686 (Tex. Crim.

11
Meekins v. Stategreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973); Meekins v. State, 340 S.W.3d 454, 458 (Tex. Crim.

11
Matthews, Cornelious L.green
texcrimapp · 2014 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See Matthews, 431 S.W.3d at 606-07 ; Ex parte Moore, 396 S.W.3d at 161; Davis v. State, 119 S.W.3d at 368 .

11
Florida v. Jardinesgreen
scotus · 2013 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See id. at 1415 .

11
State v. Villarreal, Davidgreen
texcrimapp · 2014 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015McNeely, 133 S.Ct. at 1558 (citations 2014 WL 6734178 at *10 (rejecting im- and internal quotation marks omitted). plied consent, exceptions to the warrant re- quirement—the automobile exception, the [5][6]To be constitutionally permissible, a war- special-needs exception, and the search- rantless search must fall within one of the well- incident-to-arrest-exception, as well as the accepted exceptions to the warrant requirement. treatment of the blood draw as a seizure, FN10 We have found no exception to the warrant not a search and employing a balancing requirement that would justify the sear

11
Russell v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Russell v. SW2d (TeX.Cr.App. 1986); State 717 S.W.2d 7, 9 (Tex.Cr.App. v. State, 1986); Telshow v. 964 State 964 v. State, 2d 303, 307 (Tex.App.

11
Carey v. Stategreen
texapp · 1985 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003See Carey v. State, 695 S.W.2d 306, 310 (Tex. App.–Amarillo 1985, no pet.) (holding that the detention was indistinguishable from an arrest when the officer Mirandized the suspect and placed him in the squad car without informing him that 5 Appellant does not argue that the Texas Constitution affords him any greater protection than the Federal Constitution and he does not se parately brief his claim that the search was in violation of article 38.23 of the Code o f Criminal Pro ced ure.

11
Howard v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 1998–1998
1 sentence

1998See Howard, 941 S.W.2d at 123 .

11
Guadian v. Stategreen
texcrimapp · 1967 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993Customs officers was justified where the “agents had reason to believe that the vehicle or person was carrying contraband.” Guadian v. State, 420 S.W.2d 949, 962 (Tex.Crim.App. 1967).

11
Delgado v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 1989–1989
1 sentence

1989See Delgado v. State, 718 S.W.2d 718 (Tex.Crim.App.1986); Scott v. State, 531 S.W.2d 825 (Tex.Crim.App.1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
State v. Hunter green
texapp · 2003
2 sentences

2003Consent to the search is an exception to the requirement for a warrant and requires that the State prove by clear and convincing evidence, based on a totality of the circumstances, that the defendant gave consent freely and voluntarily. (footnote: 3) Hunter , 102 S.W.3d at 310 (citing Reasor v. State , 12 S.W.3d 813, 818 (Tex. Crim.

2003Consent to the search is an exception to the requirement for a warrant and requires that the State prove by clear and convincing evidence, based on a totality of the circumstances, that the defendant gave consent freely and voluntarily. 3 Hunter, 102 S.W.3d at 310 (citing Reasor v. State, 12 S.W.3d 813, 818 (Tex.Crim.App.2000)).

22003–2003
Davis v. State green
texapp · 2003
1 sentence

2016See Matthews, 431 S.W.3d at 606-07 ; Ex parte Moore, 396 S.W.3d at 161; Davis v. State, 119 S.W.3d at 368 .

12016–2016
Scott v. State green
texcrimapp · 1976
1 sentence

1989See Delgado v. State, 718 S.W.2d 718 (Tex.Crim.App.1986); Scott v. State, 531 S.W.2d 825 (Tex.Crim.App.1976).

11989–1989
Chambers v. Maroney green
scotus · 1970
2 sentences

1989Other Texas cases upholding a search have applied a principle stated in Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970), that for constitutional purposes, there is no difference between seizing and holding a car before presenting the probable cause issue to a magistrate and carrying out an immediate search without a warrant.

1989Other Texas cases upholding a search have applied a principle stated in Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970), that for constitutional purposes, there is no difference between seizing and holding a car before presenting the probable cause issue to a magistrate and carrying out an immediate search without a warrant.

11989–1989
Aguilar v. Texas red
scotus · 1964
2 sentences

1985For purposes of this appeal, appellant contends that the State failed to show that the information provided by the confidential informer established probable cause for the search under the test of Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964).

1985For purposes of this appeal, appellant contends that the State failed to show that the information provided by the confidential informer established probable cause for the search under the test of Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964).

11985–1985
New York v. Belton red
scotus · 1981
2 sentences

1982I, § 9. 1 We reject the State’s contention to the contrary. *789 The State invites our attention to the opinion of the Supreme Court of the United States in New York v. Belton, 453 U.S. 454 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981).

1982I, § 9. 1 We reject the State’s contention to the contrary. *789 The State invites our attention to the opinion of the Supreme Court of the United States in New York v. Belton, 453 U.S. 454 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981).

11982–1982
Battle v. State green
texcrimapp · 1927
1 sentence

1927The knowledge in the possession of Ramsey, obtained from the witness Fry, going to show that there was a still in the car covered with bedding, etc., together with the declaration of the appellant near the time of his arrest that the car contained a still, would have justified the search under the rule of “probable cause” as defined in Odenthal v. State, 290 S. W. 743 ; Battle v. State, 290 S. W. 762 .

11927–1927
Odenthal v. State green
texcrimapp · 1926
1 sentence

1927The knowledge in the possession of Ramsey, obtained from the witness Fry, going to show that there was a still in the car covered with bedding, etc., together with the declaration of the appellant near the time of his arrest that the car contained a still, would have justified the search under the rule of “probable cause” as defined in Odenthal v. State, 290 S. W. 743 ; Battle v. State, 290 S. W. 762 .

11927–1927

Statutes the citing opinions construe

TX § Tex. Penal Code § 49.04 (6) TX § Tex. Penal Code § 49.08 (5) TX § Tex. Prop. Code § 24.001 (4) TX § Tex. Prop. Code § 24.008 (4) TX § Tex. Prop. Code § 24.0061 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 63 (1961–2025) IL 37 (1878–2021) TX 34 (1927–2024) NY 26 (1872–2025) MA 19 (1983–2018) OH 18 (1987–2021) GA 16 (1937–2020) AL 15 (1954–1989) PA 15 (1987–2025) IN 13 (1968–2024) NJ 13 (1957–2025) MI 13 (1964–2021) AR 13 (1986–2024) FL 12 (1987–2024) OR 12 (1943–2024) OK 12 (1942–1999) MO 11 (1924–2018) ND 10 (1983–2026) MN 9 (1965–2024) WA 9 (1981–2021) AZ 9 (1977–2023) ID 9 (1927–2024) MD 8 (1992–2016) CT 8 (1983–2015) MT 7 (1978–2015) IA 7 (1972–2024) NM 6 (1939–2013) VA 6 (1965–2025) MS 6 (1961–2025) TN 6 (1973–2021) LA 6 (1975–2025) WI 6 (1996–2023) UT 5 (1991–2021) NE 5 (1982–2020) KY 5 (1924–2020) NC 5 (2007–2020) WY 4 (1975–2013) DC 4 (1980–2008) VT 4 (1991–2025) SD 4 (1971–2017) CO 4 (1990–2024) KS 3 (2018–2025) HI 3 (1980–2016) VI 2 (1977–1998) NH 2 (1951–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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