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.
email= sholden at co.anderson.tx.us
Isn't that a question of law for the judge to decide?
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.
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