Legal Opinion

State v. Perez

Court of Criminal Appeals of Texas

Decided September 25, 2002No. 2127-01PublishedCited by 174 opinions

1Opinion of the Court

OPINION

KEASLER, J.,

delivered the unanimous opinion of the Court.

After chasing David Perez — a theft suspect — to an apartment unit, Officer Kevin Pyeatt knocked on the apartment door. In response, Perez opened the door a crack. When he did that, Pyeatt smelled marijuana. We must decide whether a police officer needs reasonable suspicion before he talks to a person in a public place or knocks on a person’s door. We conclude that he does not.

Facts

Officer Pyeatt was in his police car when he heard over the radio that someone had just snatched a purse at a nearby Wal-Mart. The dispatcher…

2Cases cited4 opinions

  1. Florida v. BostickSupreme Court of the United States · 1991
  2. Francis v. StateCourt of Criminal Appeals of Texas · 1996
  3. Cornealius v. StateCourt of Criminal Appeals of Texas · 1995
  4. State v. Perez, Texas Court of Appeals, 11th District (Eastland)2001

3Cited by174 opinions

  1. Crain v. StateCourt of Criminal Appeals of Texas · 2010
  2. Hudson v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  3. State v. BryantCourt of Appeals of Texas · 2005
  4. Martin v. State, Texas Court of Appeals, 8th District (El Paso)2003
  5. Banda v. State, Texas Court of Appeals, 14th District (Houston)2010

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