I wonder if this district court is the same one that returned the confiscated children back in 2008. That was the court that scoffed at the whole "single household" argument. When the state frantically scrambled to prevent the return of the children by complaining to the Texas Supreme Court, the court roundly upheld the lower court's insistence that the state had acted improperly.
I guess I have a hard time thinking that a court which ruled so adamantly that the communal, "single-household" rationalization was spurious would suddenly contradict itself and condone such an argument in connection with the search.
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