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TX8: No REP in school locker; stoned student was reasonable suspicion for search

By John Wesley Hall, Jr.

The student’s person and stuff were searched because he was apparently stoned at school. The search of the student’s locker search was also with reasonable suspicion. Also, there was no reasonable expectation of privacy in the locker. In re S.M.C., 2011 Tex. App. LEXIS 2069 (Tex. App.—El Paso March 23, 2011).* The officer’s knowledge, based on credible CI information, was sufficient to show PC and nexus for search of defendant’s house. It was a fair inference he was keeping drugs in his house and leaving the house for delivery of the drugs. Branch v. State, 2011 Tex. App. LEXIS 2088 (Tex. App.—Austin March 18, 2011)*: Based on the information in the affidavit, the magistrate could have inferred that: (1) Branch carried the cocaine that was found in his pocket out of his home; (2) the confidential informants, especially First CI and Third CI, had some familiarity with Branch and his affairs; (3) Branch had recently begun delivering cocaine to buyers rather than allowing buyers to come to his home; and (4) Branch was attempting to deliver cocaine to a buyer when the traffic stop occurred...continue to full post

Full post as published by Fourth Amendment on March 26, 2011 (boomark / email).