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Criminal Law

: Fourth Amendment

TX: Burglary call permits police to go to back door when front door not answered

By John Wesley Hall, Jr.

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Burglary in progress call permitted the police to go to the back door after there was no answer at the front door. Also, a general motion to suppress and failure to articulate before the trial court the other specific issue on appeal is a waiver of the issue. Rothstein v. State, 2008 Tex. App. LEXIS 5979 (Tex. App.—Houston (1st Dist.) July 31, 2008).* Record supported the trial court's finding that defendant had a reasonable expectation of privacy in a trailer that he was occasionally staying in and was at the time of the search. The windows were darkened and the door was slightly ajar, but that does not mean there was no reasonable expectation of privacy. State v. Fox, 2008 Wisc. App. LEXIS 610 (August 7, 2008).*

Full post as published by Fourth Amendment on August 11, 2008 (boomark / email).

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