Legal Opinion

Bradley Ray McClintock v. State

Texas Court of Appeals, 1st District (Houston)

Decided June 11, 2013No. 01-11-00572-CRPublishedCited by 11 opinions

1Opinion of the Court

OPINION

MICHAEL MASSENGALE, Justice.

The police seized marijuana from appellant Bradley McClintock’s apartment. They did so pursuant to a search warrant obtained with evidence of a drug-detecting dog’s sniff at McClintock’s back door, conducted without a warrant. The United States Supreme Court has since held that a dog-sniff under these circumstances is a search within the meaning of the Fourth Amendment. Florida v. Jardines, — U.S. —, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013).

McClintock moved to suppress the fruits of the search, and the trial court denied the motion. Reserving his right to…

2Cases cited26 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Alabama v. WhiteSupreme Court of the United States · 1990
  3. Oliver v. United StatesSupreme Court of the United States · 1984
  4. Florida v. JardinesSupreme Court of the United States · 2013
  5. United States v. DunnSupreme Court of the United States · 1987

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3Cited by11 opinions

  1. State v. Cuong Phu LeCourt of Criminal Appeals of Texas · 2015
  2. McClintock, Bradley RayCourt of Criminal Appeals of Texas · 2014
  3. McClintock, Bradley RayCourt of Criminal Appeals of Texas · 2017
  4. Bradley Ray McClintock v. StateCourt of Appeals of Texas · 2015
  5. People v. BurnsAppellate Court of Illinois · 2015

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