Author name: Benson Varghese

DWI blood drawn 1

Warrant Required for Law Enforcement to Test Blood Drawn for Medical Purposes

The Court of Criminal Appeals handed down State v. Martinez , answering whether the State’s testing of blood previously drawn by hospital personnel for medical purposes constitutes a search under the Fourth Amendment. In facts similar to those in State v. Martinez, in 1991 the Court of Criminal Appeals handed down the plurality opinion in State v. Comeaux that

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cell site tower

Sims v. State: Can Police Obtain Real-Time Cell Site Location Without Warrant?

The Texas Court of Criminal Appeals recently went to great lengths to explain how it came to decision with a different result than the United States Supreme Court in Carpenter v. U.S. In Sims v. State, the Court of Criminal Appeals determined a search warrant was not required when using real-time cell site location information

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excessive fines

Timbs v. Indiana: SCOTUS Boot on the Throat of Policing for Profit?

The Supreme Court, in Timbs v. Indiana, recently handed down a unanimous decision that may be the death knell for “policing by profit,” limiting both police and prosecutors across the country. The Court held that the Eighth Amendment protection against excessive fines, including forfeiture of property, applies to states. This holding will limit asset forfeiture

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case analytics

Case Analytics and the Criminal Justice System: A Look at Tarrant County

Case analytics are big business in the world of civil litigation. They help lawyers understand what cases are worth, what motions a given judge is most likely to grant, and what juries are doing in a specific jurisdiction. While each case is unique, this data helps shape litigation strategy, manage client expectations, and even provide

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Contraband Smuggling

Contraband Smuggling: Consequences of Sneaking Items in Jail or Prison

Possession of a Controlled Substance in a Correctional Facility Inmates have been smuggling prohibited or illegal items, such as drugs, tobacco, cellphones, and weapons, into jails and prisons for decades. They often recruit friends or relatives to bring unauthorized items during visitation or send them through the mail. Sometimes, guards or staff members are on

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