Legal Opinion · Dissent

Hamel v. State

Court of Criminal Appeals of Texas

Decided March 28, 1979No. 55462Published

1DissentPhillips, Judge

In disposing of appellant’s grounds of error which challenge the admissibility of his oral statement and evidence seized pursuant to his consent to search, because of an illegal arrest, the majority concludes that the arrest and detention were proper.

In disposing of appellant’s contention concerning the admissibility of his oral statement, the majority uses a standard of review previously applied only to determining whether a statement or confession is admissible when given without benefit of a magistrate’s warning. To succeed on such a contention, the appellant has traditionally been held to…

2Cases cited13 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Brown v. IllinoisSupreme Court of the United States · 1975
  5. Alderman v. United StatesSupreme Court of the United States · 1969

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