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Does Double Jeopardy bar prosecution where a case was dismissed due to lack of pc to search. Then refiled and the court found a valid consent in a motion to suppress. I'm thinking no double jeopardy issue, but does anyone else know? | ||
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Did the DA dismiss due to an administrative reivew of the first case, or did the Court suppress evidence on lack of PC to search? | |||
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I'm assuming that the case was dismissed before jeopardy attached. If so, you should be okay. It would need to be a collateral estoppel claim but even if your defendant had a finding that that there was no PC it does not sound like there was a finding that there was no consent. This thread addressed a similar issue. https://tdcaa.infopop.net/eve/forums?a=tpc&s=347098965&f=157098965&m=843102813&r=215101813#215101813 [This message was edited by D.Merritt on 04-20-05 at .] | |||
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The case was dismissed upon initial review of the prosecutor. There had been no hearing or motion to suppress. | |||
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As stated in Hughes, 18 S.W.3d at 431: "The Code of Criminal Procedure provides that the State may dismiss a criminal action at any time as long as the judge presiding over the action consents to the dismissal. TEX.CODE CRIM. PROC. art. 32.02 (Vernon 1989). It is well settled that the dismissal of a cause does not prevent the grand jury from returning a subsequent indictment charging the same transaction." It makes no difference that the prosecutor may have mistakenly thought that certain evidence would be inadmissible. | |||
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