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Judge modifies order for home walkthrough after Fourth Amendment objections; defense investigator to photograph home
Summary
After defense and homeowner counsel objected to a court order permitting government access to a residence to photograph/layout the home, the judge held enforcement, ordered briefs and ultimately allowed a former Texas Ranger (defense investigator) to photograph and video the house at defense expense within two weeks; parties must share the materials and the court set a 45‑day reset.
A contested order authorizing a visual inspection of a homeowner’s residence prompted objections on Fourth Amendment grounds in the 252nd District Court on Feb. 10. The homeowner’s counsel argued the order, as written, amounted to a search; the court paused enforcement to review the objections and requested short briefs.
As a compromise, the court modified its prior order: the defense may have a trusted investigator — identified as a former Texas Ranger and retained at defense expense — photograph every room and create thorough video of the home, with an affidavit to authenticate the materials. The court required that the photographs and video be provided to both the homeowner’s counsel and the assistant district attorney. The court set a deadline of two weeks (with a target date of the 20th) to complete the work and imposed a 45‑day reset for further proceedings.
The judge also admonished parties not to make substantive alterations to the property before the work is done and said the court would incorporate a no-alteration provision in its modified order.
