Legal Opinion
Rosalez v. State
Texas Court of Appeals, 5th District (Dallas)
Decided December 28, 1993No. 05-92-01547-CRPublishedCited by 51 opinions
1Opinion of the Court
OPINION
MORRIS, Justice.
Involved here are the competing interests of citizens desiring privacy at home and the need of the police to be effective in preventing crime. At issue are the consequences of the police entering an owner’s property without his consent to investigate suspected burglars but, after finding no burglary, arresting instead the property owner for possession of marijuana. We conclude based on the facts shown, the conviction of the property owner should be upheld. We do so even though we also conclude the police first arrested the owner without probable cause.
FACTUAL BACKGROUND
A…
2Cases cited31 opinions
- Brown v. IllinoisSupreme Court of the United States · 1975
- California v. Hodari D.Supreme Court of the United States · 1991
- Romero v. StateCourt of Criminal Appeals of Texas · 1990
- Oliver v. United StatesSupreme Court of the United States · 1984
- United States v. DunnSupreme Court of the United States · 1987
26 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Carroll v. State, Texas Court of Appeals, 3rd District (Austin)1995
- Nickerson v. State, Texas Court of Appeals, 10th District (Waco)2002
- Washington v. State, Texas Court of Appeals, 7th District (Amarillo)2004
- Jackson v. State, Texas Court of Appeals, 6th District (Texarkana)1998
- State v. Parson, Texas Court of Appeals, 4th District (San Antonio)1998
46 more not listed; retrieve them via the Exa API.