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Criminal Law

: Fourth Amendment

TX1: State showed valid inventory because vehicle was unregistered and uninsured

By John Wesley Hall, Jr.

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Defendant’s vehicle was properly impounded and inventoried because it was being driven without proper registration and proof of insurance. Also, there was no one to whom the vehicle could be released. The state has the burden of proving a valid inventory, and they did so. Moskey v. State, 2010 Tex. App. LEXIS 8948 (Tex. App. – Houston (1st Dist.) November 10, 2010).* Defendant’s IAC claim fails as to his search issue, too. He had the burden of showing something that the search warrant was improper, and he put on nothing at the hearing. Hanebutt v. State, 2010 Tenn. Crim. App. LEXIS 938 (November 9, 2010).* The police received a 911 call from a woman who gave her first name and number complaining that the defendant offered marijuana for sex and described his car and that he had a gun and she felt threatened...continue to full post

Full post as published by Fourth Amendment on November 16, 2010 (boomark / email).

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