Oles v. State

The issue on appeal is whether the State can, without a warrant, search appellant’s clothing in furtherance of an investigation for a different offense from the one for which he was arrested. In this issue of first impression, I would sustain point of error one and reverse and remand for trial as to both the guilt and punishment stages.

The majority correctly writes that the test for legitimate expectation of privacy includes two inquiries: (1) whether the individual, by his conduct, has exhibited an actual (subjective) expectation of privacy and (2) whether the individual’s subjective…