Eatmon v. State

I respectfully dissent.

The majority, agreeing with the Dallas court in Polk v. State, 704 S.W.2d 929 (Tex.App.-Dallas, 1986, pet. granted), holds that a good faith exception does not exist under article 38.23 Tex.Code Crim.Proc.

If I properly understand, Polk and the majority opinion herein hold that if it is determined that an arrest was made without probable cause or a search is made on a search warrant not supported by an affidavit reciting sufficient probable cause, the evidence obtained in either instance is inadmissible, period. In other words, the inquiry immediately ends as there can…