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Quick facts: Usual traffic stop conducted, search of vehicle conducted, both drugs and paraphernalia located inside the vehicle. Defendant arrested and charged for poss'n of the drugs and paraphernalia. Defendant subsequently pleads guilty to the paraphernalia charge and then files a motion to suppress using the standard arguments of no justification for stop, search etc... on the poss'n of drugs charge. If I am not mistaken, doesn't the plea of guilt on the paraphernalia charge, arising from the same incident, waive any argument on the suppression of the drugs found. That's essentially what I've been taught / told, but I cannot for the life of me find any cases addressing that. Anyone know of any cases along those lines?
 
Posts: 12 | Location: Amarillo | Registered: March 25, 2008Reply With QuoteReport This Post
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Look at Guajardo v. S., 209 sw3d 456 (CCA 03)
 
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010Reply With QuoteReport This Post
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