Texas Courts of Appeals
State v. Organ
No. 14-23-00606-CR 8/27/24
Issue:
During a traffic stop, was it an unreasonable search when a drug dog stuck his head inside the open window of the defendant’s vehicle?
Holding:
Yes. The Court concluded that “a narcotics-detecting dog … is an instrumentality of law enforcement. Therefore, by sticking his nose inside [the defendant]’s car while performing an open-air sniff, [the dog] ‘physically occupied private property for the purpose of obtaining information’” citing United States v. Jones, 565 U.S. 400 (2012). Read opinion.
Commentary:
The appellate court’s decision in this case expressly disagreed with every federal appellate court that has decided the issue. In this case, this court instead found guidance in the more recent decisions of the United States Supreme Court in United States v. Jones (dealing with the installation of a GPS tracking device on a vehicle) and Florida v. Jardines (dealing with the use of a narcotics detection dog on the front porch of a single-family residence). There is very little, if any, additional analysis. This is an issue of first impression in Texas state courts, so it is possible that the Court of Criminal Appeals might want to review this decision. In the meantime, prosecutors will have to develop arguments as to why Jones and Jardines do not apply when a narcotics-detection dog sticks his nose past the threshold of a vehicle’s window or open door.
Texas Attorney General Opinion Requests
RQ-0560-KP 8/22/24
Issue:
What constitutes “any evidence that was collected during the investigation of the offense” under Code of Criminal Procedure Art. 56A.052 (Additional Rights of Victims of Sexual Assault, Stalking, or Trafficking)? Read request for opinion.
Requested by:
Jennifer Bergman, Liberty County District Attorney
RQ-0561-KP 8/27/24
Issue:
Does a county commissioners court have the authority to create a new attorney position to provide legal support to the commissioners court and county departments, and subsequently defund an existing civil attorney position within the county attorney’s office? Read request for opinion.
Requested by:
Aransas County Auditor
Announcements
Rule Changes Approved by Texas Supreme Court
On Aug. 27, the Texas Supreme Court adopted many of the rule changes that were proposed at the State Bar’s Rule Vote in April to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure. By the Court’s order, these new rules will go into effect on October 1, 2024. As part of TDCAA’s efforts to keep our members up-to-date, we will be releasing an updated version of our Grievances & Prosecutorial Ethics course that includes a presentation on these new rules and how they may affect prosecutors across the state. This course which will now include 2.75 hours of MCLE Ethics is a paid-member benefit of TDCAA and will be available in early September. To read the Supreme Court’s announcement on the new rules, please click here.
Now Showing — Introduction to Juvenile Law Online Course
TDCAA is proud to invite you to our first online Juvenile Law course! This course covers the fundamentals of Juvenile Law ranging from terminology all the way to juvenile trials and confidentiality. Our team of juvenile law experts from across the state gives insight for prosecutors practicing in both rural and urban jurisdictions. The course will help prosecutors new to juvenile law as well as veteran prosecutors who would like to learn more about this often-overlooked but crucial area of our justice system. Viewers that complete the course will receive 4 hours of CLE. This course is free. Click here to register for this course.