7 results for 'cat:"Evidence" AND cat:"Murder" AND cat:"Search"'.
J. Alley finds a lower court did not err in admitting a confession and evidence obtained via in a warrantless search in the murder trial of a former Border Patrol agent accused of killing multiple women, especially targeting sex workers. Defendant “voluntarily waived his right to remain silent” when he told investigators during an interview that "he was ‘clean[ing] up the streets’ of Laredo,” and multiple legal theories support the authorities’ search of his vehicle. Most notably, they had probable cause for the search, as a purse belonging to a woman who escaped was “in plain view” on his truck's floorboard. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 15, 2024, Case #: 08-23-00025-CR, Categories: evidence, murder, search
[Consolidated.] J. Warren finds that the trial court properly granted defendant's motion to suppress evidence related to one victim's shooting death provided to a detective by defendant's previous attorney. Defendant was indicted for murder and other offenses. The attorney's disclosures violated attorney-client privilege. The state cannot mention the attorney as the source of any physical evidence given to the detective. The trial court correctly denied defendant's motion to suppress cell phone records related to both shootings. Both search warrants were supported by probable cause and the affidavits allowed the judges to reasonably infer that one of the target phone numbers belonged to defendant. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: March 5, 2024, Case #: S23A0900, Categories: evidence, murder, search
J. Wilson finds that the appellate division should have suppressed title to a Jaguar allegedly given to defendant for helping murder a rival drug dealer after police entered his apartment to arrest him without a warrant because police lacked consent to either enter the building or the apartment itself. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: November 21, 2023, Case #: 84, Categories: evidence, murder, search
Per curiam, the appellate division finds that the trial court properly convicted defendant of second degree murder and attempted murder after his accomplice shot at another vehicle because the theory that defendant's cell phone records might indicate his involvement were supported by witness testimony and information contained in the search warrant application. Meanwhile, defendant failed to pursue suppression in contending he had been questioned by police without a lawyer. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 18-00291, Categories: evidence, murder, search
J. Hudson finds the trial court properly convicted defendant for capital murder. After the victim failed to show up for work, she was discovered in her house, dead from a gunshot wound. Defendant was stopped as a person of interest and a handgun purchased by the victim four days earlier was found in his vehicle. Forensic analysis revealed that it was the weapon used in the murder. Because a police officer can make an investigatory stop without violating the Fourth Amendment if he has reasonable suspicion the court properly denied defendant’s motion to suppress evidence from the stop. No prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: October 26, 2023, Case #: CR-22-651, Categories: evidence, murder, search
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J. Hixson finds the lower court properly convicted defendant of first degree premeditated murder for shooting a man in the back, killing him. Defendant’s argument regarding the validity of the search warrant used to search his residence is waived because he failed to properly argue the matter before the trial court. Evidence is sufficient to support his conviction and sentence of life imprisonment. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: August 9, 2023, Case #: E2022-00207-CCA-R3-CD, Categories: evidence, murder, search
J. Johnson finds that the lower court properly declined to suppress evidence in defendant's murder trial. An officer found a body in a trailer after conducting a community caretaking check, and the lower court found that the community caretaking exception excused the lack of warrant because the officer was concerned for a woman's safety after she did not arrive to an appointment. The officer could see the body in plain view due to the small size of the trailer, did not open any doors or search any spaces, and announced himself clearly before entering. Affirmed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: June 8, 2023, Case #: 101385-0, Categories: evidence, murder, search