Texas v. Villarreal
| Docket Number | PD-0306-14 |
| Decision Date | 26 November 2014 |
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144 cases
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Hazlip v. Davis
...the absence of a warrant or any applicable exception to the warrant requirement, violates the Fourth Amendment." State v. Villareal, 475 S.W.3d 784, 815 (Tex. Crim. App. 2014). Although defense counsel filed a motion to suppress and challenged the admissibility of Camille Stafford's testimo......
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State v. Ryce
...and also concluding that the special needs exception to the warrant requirement does not apply in the DUI context); State v. Villarreal, 475 S.W.3d 784 (Tex.Crim.App.2014) (analyzing each warrant exception and concluding none could be applied categorically to DUI testing), reh. denied 2015 ......
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Commonwealth v. Myers
...draw without any right to refuse ... does not fit within the consent exception to the warrant requirement."); State v. Villarreal, 475 S.W.3d 784, 805 (Tex. Crim. App. 2014) ("[I]n the context of a nonconsensual, warrantless bodily search ... a statute providing for irrevocable implied cons......
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State v. Yong Shik Won
...based on a discretionary determination by a law-enforcement officer that there is probable cause of intoxication." State v. Villarreal, 475 S.W.3d 784, 810 (Tex.Crim.App.2014), reh'g granted (Feb. 25, 2015). Because the governmental interest when a search is at issue is intertwined with a c......
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21 books & journal articles
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Special needs' and other fourth amendment searches
...driver does not consent to a blood draw. See, e.g., Forsyth v. State , 438 S.W.3d 216 (Ct. App. Tex. 2014) and State v. Villarreal , 475 S.W.3d 784 (Tex. 2014). The fact that an arrested driver refuses to consent to a blood draw does not create an exigent circumstance. State v. Trahan , 886......
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Search and Seizure: Property
...412 U.S. at 226–27. The ability to limit or revoke the consent is a necessary element of a valid consent. State v. Villareal, 475 S.W.3d 784, 799 (Tex. Crim. App. 2014). Testimony that a person gave consent after being warned of the right to refuse consent is some evidence that the consent ......
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Evidence
...needs exception, as a search incident to arrest and was not reasonable under a Fourth Amendment balancing test. State v. Villarreal, 475 S.W.3d 784, 815 (Tex. Crim. App. 2015). There are several exceptions to the warrant requirement, one of which is an exigency based on imminent destruction......
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Evidence
...needs exception, as a search incident to arrest and was not reasonable under a Fourth Amendment balancing test. State v. Villarreal, 475 S.W.3d 784, 815 (Tex. Crim. App. 2015). There are several exceptions to the warrant requirement, one of which is an exigency based on imminent destruction......
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