Legal Opinion

Lowery v. State

Texas Court of Appeals, 7th District (Amarillo)

Decided February 21, 2003No. 07-02-0280-CRPublishedCited by 28 opinions

1Opinion of the Court

BRIAN QUINN, Justice.

Through one issue, appellant Deana Lowery contends that the trial court erred in overruling her motion to suppress evidence obtained pursuant to the execution of a search warrant. She was allegedly entitled to have the evidence suppressed because the affidavit tendered to convince the neutral magistrate to issue the warrant failed to establish probable cause to conclude that the contraband sought was probably at the location to be searched. We agree and reverse the judgment.

Standard of Review

Whether the trial judge erred in denying a motion to suppress depends upon…

2Cases cited7 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  3. Ramos v. StateCourt of Criminal Appeals of Texas · 1996
  4. Oubre v. StateCourt of Criminal Appeals of Texas · 1976
  5. Wynn v. StateCourt of Appeals of Texas · 1999

2 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Rogers v. State, Texas Court of Appeals, 6th District (Texarkana)2009
  2. Elardo v. State, Texas Court of Appeals, 6th District (Texarkana)2005
  3. Pool v. State, Texas Court of Appeals, 10th District (Waco)2004
  4. Jordan v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  5. State v. Walker, Texas Court of Appeals, 14th District (Houston)2004

23 more not listed; retrieve them via the Exa API.

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