Texas-Book-Gun Law Armed And Educated - Flipbook - Page 33
was extremely controversial, and the subject of much debate
and many legal challenges. Consequently, in 2000 the definition
was scrapped by the Texas Court of Criminal Appeals, and the
decision was made that “beyond a reasonable doubt” should not
have a standard definition. Instead, it is up to each individual juror
to decide what this term means for himself or herself. Paulson v.
State, 28 S.W.3d 570, 573 (Tex. Crim. App. 2000). In general,
it has been described as the level of certainty that a reasonable
person should have before unplugging the life support system for
a loved one, or the certainty that a person would need in packing
their parachute before jumping out of a perfectly good aircraft.
The government must provide this level of evidence before a
conviction may occur. In short, the government needs reasonable
suspicion to detain a person, probable cause to arrest a person,
and proof beyond a reasonable doubt to convict a person.
IV. WHAT IS A SEARCH?
What definition do courts give to the term “search” under the
Fourth Amendment? A search is: 1) an intrusion into an individual’s
reasonable expectation of privacy; and 2) made by a government
agent. If the examination or investigation of a person, place, or
property does not violate someone’s reasonable expectation of
privacy, or was not done by a government agent, it is not subject
to the restrictions of the Fourth Amendment. See Katz v. United
States, 389 U.S. 347 (1967).
The most common searches are of the home, vehicle, and person.
However, the Fourth Amendment is not limited to these areas. As
stated above, a search can occur anywhere a person has a reasonable
expectation of privacy. For example, searches often include private
documents, bank records, electronic communications, DNA
samples, and countless other intrusions into private affairs.
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