Curlee v. State (Playground in case was not “open to the public” for purposes of Drug Free Zone enhancement)

by georgeroland | Jan 31, 2022 | Drug Charge News, Drug Charges, Uncategorized

Occasionally, they do get it right… Curlee v. State (PD-20-0624-20)(Texas Court of Criminal Appeals)(April 14, 2021): a playground on the premises of a church which is surrounded by chain-link fence and padlock that was not completely locked (but nevertheless showed...

The (Now Speedily Dissolving) Fourth Amendment

by georgeroland | Jan 31, 2022 | Drug Charges, Uncategorized

It is no secret that the Fourth Amendment, which enshrines the “right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures” has been dying a slow death for about the past twenty years. Slowly, but...

Hotels and the Fourth Amendment: Tilghman v. State

by georgeroland | Oct 14, 2021 | Drug Charge News, Drug Charges, Uncategorized

Until June 2021, it was well-established that a person staying in a hotel had a reasonable expectation of privacy in the rented room. Equally well-established was that this expectation of privacy was “[n]o less than a tenant of a house.” Thus, a person could expect to...

2021 Jessica Sosa Act: aka, Texas Good Samaritan Overdose Law

by georgeroland | Oct 5, 2021 | Drug Charge News, Drug Charges, Uncategorized

September 1, 2021, the Jessica Sosa Act (also known HB 1694, and by its “long title” as “an act relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile...

New Texas Fentanyl Law Changes Are More a Statement Than Effective Law

by georgeroland | Sep 30, 2021 | Drug Charge News, Drug Charges, Uncategorized

On September 1, 2021, Texas decided to get “tough” on fentanyl. Problem is, the Legislature decided to issue something closer to a political statement on fentanyl than an actual, workable law.   Effective September 1, 2021, the Texas Legislature has added a “new”...

Codeine Complexity in the Court of Criminal Appeals

by georgeroland | Sep 23, 2021 | Drug Charge News, Drug Charges, Uncategorized

September 22, 2021, the Texas Court of Criminal Appeals released its decision in Biggers v. State. The case centered on a relatively convoluted group of statutes concerning the possession of codeine and codeine mixtures. The decision in that case brought a win for...