valid warrant presumption (Texas) · Go Syfert
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valid warrant presumption in Texas

10 Texas opinions name it 2 courts 2011–2026 2 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 (2)

CaseFollowedCited
Amador v. Stategreen
texcrimapp · 2007 · cited in 6 Texas opinions naming this issue, 2011–2013
2 sentences

2013Amador , 221 S.W.3d at 672 . “[T]he reasonableness of the manner in which a DWI suspect’s blood is drawn should be assayed on an objective, case-by-case basis in light of the totality of the circumstances surrounding the draw.” Johnston , 336 S.W.3d at 661 .

2013Amador, 221 S.W.3d at 672 . “[T]he reasonableness of the manner in which a DWI suspect’s blood is drawn should be assayed on an objective, case-by-case basis in light of the totality of the circumstances surrounding the draw.” Johnston, 336 S.W.3d at 661 .

46
Pacheco v. Stategreen
texapp · 2011 · cited in 4 Texas opinions naming this issue, 2018–2026
2 sentences

2026Accordingly, “[s]earches justified by a valid warrant have a presumption of legality unless the opponent produces evidence rebutting the presumption of proper police conduct.” Pacheco v. State, 347 S.W.3d 849, 855 (Tex. App.—Fort Worth 2011, no pet.).

2026Accordingly, “[s]earches justified by a valid warrant have a presumption of legality 10 unless the opponent produces evidence rebutting the presumption of proper police conduct.” Pacheco v. State, 347 S.W.3d 849, 855 (Tex. App.—Fort Worth 2011, no pet.).

44

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 (1)

CaseCitedYears
State v. Johnston green
texcrimapp · 2011
2 sentences

2018“Searches justified by a valid warrant have a presumption of legality unless the opponent produces evidence rebutting the presumption of proper police conduct,” Pacheco v. State, 347 S.W.3d 849, 855 (Tex. App.—Fort Worth 2011, no pet.), and “the reasonableness of the manner in which a DWI suspect’s blood is drawn should be assayed on an objective, case-by-case basis in light of the totality of the circumstances surrounding the draw” regardless of whether “a blood draw is conducted pursuant to a warrant or not.” Johnston, 336 S.W.3d at 661 ; see Gray, 2017 WL 2729672 , at *2.

2013Amador , 221 S.W.3d at 672 . “[T]he reasonableness of the manner in which a DWI suspect’s blood is drawn should be assayed on an objective, case-by-case basis in light of the totality of the circumstances surrounding the draw.” Johnston , 336 S.W.3d at 661 .

42011–2018

Statutes the citing opinions construe

TX § Tex. Penal Code § 49.04 (5) TX § Tex. Transp. Code § 724.017 (4)

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

TX 10 (2011–2026) OH 6 (2022–2025) OR 4 (2001–2010) MT 2 (1987–2022) WA 2 (2003–2003)

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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