Legal Opinion · Concurrence

Stewart v. State

Court of Criminal Appeals of Texas

Decided February 11, 1981No. 65729Published

1ConcurrenceClinton, Judge

Both constitutions that at once authorize governmental action and prohibit infringement of individual freedom and liberties guarantee the right of a citizen to be “secure” in his “effects”1 and “possessions”2 from unreasonable searches and seizures. Axiomatic is the proposition that the guarantees include the requirement that “normally searches of private property be performed pursuant to a search warrant issued in compliance with the Warrant Clause” and, therefore, in the ordinary case “a search of private property must be both reasonable and pursuant to a properly issued search warrant,”…

2Cases cited18 opinions

  1. United States v. RobinsonSupreme Court of the United States · 1973
  2. United States v. ChadwickSupreme Court of the United States · 1977
  3. Preston v. United StatesSupreme Court of the United States · 1964
  4. Arkansas v. SandersSupreme Court of the United States · 1979
  5. Hicks v. MirandaSupreme Court of the United States · 1975

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