Recent Posts in Search & Seizure Category

  • Tim Powers Law Offices of Tim Powers, Denton, Texas 940.483.8000 Imagine standing in your home and a law enforcement officer coming to the front of your house. They then begin using some sort of radar that detects people and movement in your house all while they are still standing in front of your house. Well, this piece of equipment that is capable of doing that and more has become a new reality: ...
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  • Image courtesy of google.com. William “Bart” Davis and John Newmerzhycky were stopped in Iowa back in April of 2013. During this stop, the Trooper seized more than $100,000 in cash that Davis and Newmerzhycky won in a poker tournament. According to USA Today, the two men had been flagged which called for a Trooper to follow them. The Iowa Trooper, who was part of the Interdiction Team, ...
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  • Tim Powers Law Offices of Tim Powers, Denton Texas 940.580.2899 940.483.8000 Image Courtesy of google.com In today’s day of age, our cell phones are our life. With all the new technology available to us, we are literally able to control our life with our fingertips. According to Pew Research, 90 percent of American adults have a cell phone. As you can see, we can’t live without them! ...
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  • Our 4th Amendment Hangs on by a Thread – Supreme Court Gives Police New Power To Rely On Anonymous Tip Tim Powers Criminal Defense Attorney Denton, Texas The U.S. Supreme Court ruled Tuesday that police can stop and search a driver based solely on an anonymous 911 tip. The 5-4 decision split the court’s two most conservative justices, with Justice Clarence Thomas writing for the ...
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  • Court of Criminal Appeals bars warrantless searches of cell phones, electronics incident to arrest Tim Powers Law Offices of Tim Powers, Denton, Texas timpowers.com The Texas Court of Criminal Appeals today held in Texas v. Granville that the Fourth Amendment protects against searches of cell phones incident to arrest. Texans now cannot have the contents of their cell phones and other electronic ...
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  • Was the Police Search Legal ?????

    || 29-Oct-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com To search and seize evidence, reasonableness is again the mainstay requirement. In order to meet this requirement, a warrant is required unless one of the six exceptions applies. Consider however, that in order to get to the point of requiring a warrant, one must first have a reasonable expectation of privacy in the place searched ...
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  • Will CA be able to collect DNA from any suspect?

    || 21-Sep-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Appeals court mulls challenge to state law requiring DNA samples from felony arrestees Swabbing for DNA (file) KTVU.com and Wires SAN FRANCISCO — An American Civil Liberties Union lawyer asked a federal appeals court in San Francisco Wednesday to block a California law requiring police to collect a DNA sample from anyone ...
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  • Motions to Suppress

    || 25-Jun-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Denton County Criminal Defense Lawyer and Adjunct Professor of Criminal Justice (University of North Texas) Tim Powers A motion to suppress is a challenge to the legality of how evidence was attained. In Texas and the United States we have what is known as the "exclusionary rule." This rule means where a court finds ...
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  • Texas Court of Criminal Appeals finds the "end justifies the means." The disturbing result of State v. Mazcua. Tex. _____ S.W. 3d _____ (PD-1035-11 (May 25, 2012)). Tim Powers 940.580.2899 www.timpowers.com The second highest court in Texas on Wednesday signaled support for police who make up phony reasons to pull over motorists. A sharply divided Court of Criminal Appeals declined to ...
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  • Law Office of Tim Powers 940 483 8000 www.timpowers.com A federal jury on Friday ordered two Dallas police officers to pay a total of $169,000 to a man who spent 10 months locked up on false charges. Following a weeklong trial, a seven-member civil jury found that Senior Cpl. David Nevitt and Officer Jerry Dodd maliciously prosecuted and violated the constitutional rights of Thomas Hannon by ...
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