Topic: the validity of a consensual search is a question of fact, … · Go Syfert
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Topic #26642

3 canonical passages across 3 cases, quoted by 15 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Gutierrez v. State.

#Case FlagCanonical passage Citers
1 Gutierrez v. State Anchor
texcrimapp · 2007
green “the validity of a consensual search is a question of fact, and the state bears the burden to prove by clear and convincing evidence that consent was obtained voluntarily.” 8
2 Rogers v. State
texapp · 2003
green “this list of factors is not exhaustive, however, and none is dispositive of a particular assertion of privacy; rather, we examine the circumstances surrounding the search in their totality.” 4
3 BRACKENS v. State
texapp · 2010
green “there is no evidence demonstrating that appellant took any precautions (such as encryption) to protect his privacy in the information contained on the computer system” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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