Legal Opinion · Dissent

Bellah v. State

Court of Criminal Appeals of Texas

Decided July 20, 1983No. 936-82Published

1DissentTeague, Judge

I am unable to agree with .the majority that appellant relies solely upon the Fourth Amendment to the United States Constitution in support of his assertion that the arrest warrant affidavit is deficient. From the record of appeal and appellant’s brief before this Court, he has expressly stated that he relies upon, among other things, Art. 1, Section 9, Texas Constitution, and Art. 18.01, V.A.C.C.P. Thus, I believe it is incorrect to state that “he makes no claim under the constitution or statutes of this State.”

Appellant argues that the arrest warrant affidavit in this cause does not satisfy…

2Cases cited11 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Aguilar v. TexasSupreme Court of the United States · 1964
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. Chapin v. StateCourt of Criminal Appeals of Texas · 1927

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