Legal Opinion

Long v. State

Court of Criminal Appeals of Texas

Decided April 21, 2004No. 1028-03PublishedCited by 57 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · CochranCochran, J.

in which MEYERS, PRICE, WOMACK, JOHNSON and HOLCOMB, JJ., joined.

The police officers in this case obtained a warrant to search the rural, gambling business premises of “Train’s” which was explicitly described as a “silver in color passenger train car.” We conclude that this warrant did not authorize the search of appellant’s home, an entirely different and distinct structure — a red caboose— which was located nearby. There are, in fact, two problems with the present search.1 First, there is no descriptive language in this warrant that would authorize the search of appellant’s home as…

3Cases cited35 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. United States v. VentrescaSupreme Court of the United States · 1965
  3. Johnson v. United StatesSupreme Court of the United States · 1948
  4. United States v. RossSupreme Court of the United States · 1982
  5. Ker v. CaliforniaSupreme Court of the United States · 1963

30 more not listed; retrieve them via the Exa API.

4Cited by57 opinions

  1. Bonds, Michael RayCourt of Criminal Appeals of Texas · 2013
  2. Long v. StateCourt of Criminal Appeals of Texas · 2006
  3. Jon Paul Proctor v. State of Texas, Texas Court of Appeals, 11th District (Eastland)2011
  4. Rodgers v. State, Texas Court of Appeals, 6th District (Texarkana)2005
  5. Bradley Ray McClintock v. State, Texas Court of Appeals, 1st District (Houston)2013

52 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API