21 | Extending Riley and Wurie: Warrantless Privacy Intrusions on Location Records of Texas Defendants - By Drew Willey w/ Angela Cameron
26 | Learning the Rules of Evidence the Hard, Slow Way - By Ed & Sara Stapleton
34 | Shifting Burdens of Proof in a Motion to Suppress - By Kyle Therrian
Riley and Wurie are unanimous wins for the Fourth Amendment.1 Law enforcement is now required to obtain a warrant before searching cell phones incident to arrest.
The allocation of burdens in a motion to suppress hearing is a “Choose Your Own Adventure.” Unlike in trial, where we simply add up proof in a linear fashion, a motion to suppress in Texas courts has burdens which are raised, lowered, and/or shifted back and forth based upon small and often trivial details.
Has any trial judge ever said, “Well, the Defendant has cancer, so I will assess the maximum sentence available,” or “Leukemia? He has leukemia? Then he gets life without!” Such a sadistic lack of compassion—that a person should suffer an enhanced punishment because of a condition that he or she did not purposefully acquire, a condition that causes suffering and disability—tarnishes a reputation for fairness.