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TX7: Taking witness on defendant's premises for ID here violated Fourth Amendment, but harmless

By John Wesley Hall, Jr.

The witness to an accident was taken to defendant’s premises to take a look at him, and the witness ID’d him. While the entry onto the curtilage to make the view violated the Fourth Amendment, it was harmless. In addition, the court would not suppress the identification because the witness’s identification in court was shown to be from independent recollection. Tijerina v. State, 2011 Tex. App. LEXIS 1409 (Tex. App. — Amarillo February 24, 2011). “All persons” search warrant for a suspected meth lab in a automobile repair garage was reasonable and with probable cause. State v. Hash, 2011 Ohio 859, 2011 Ohio App. LEXIS 765 (9th Dist. February 28, 2011).* When defendant spotted the officers as their patrol car passed, defendant’s eyes widened, and his jaw dropped...continue to full post

Full post as published by Fourth Amendment on March 05, 2011 (boomark / email).