TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Voluntary Search Jury Instruction
Go
New
Find
Notify
Tools
Reply
  
Voluntary Search Jury Instruction Login/Join 
Member
posted
Anyone have a good instruction for voluntariness of search of defendant's person where officer found narcotics.

Officer says search for all illegal items and weapons.

Defendant says only consented to search for weapons.

Thank you.

email= sholden at co.anderson.tx.us
 
Posts: 127 | Location: TX | Registered: March 05, 2003Reply With QuoteReport This Post
Member
posted Hide Post
Isn't that a question of law for the judge to decide?
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
Member
posted Hide Post
If a fact issue was raised regarding the voluntariness of the search, it becomes a fact issue and the jury should receive an instruction to resolve the matter.

I'll dig through my files and see what we used recently.
 
Posts: 80 | Registered: December 13, 2013Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Voluntary Search Jury Instruction

© TDCAA, 2001. All Rights Reserved.