State v. Carter

OPINION ON REMAND

BURGESS, Justice.

The State appealed1 a pre-trial order granting appellee’s motion to suppress evidence obtained in the course of an allegedly unlawful search of appellee’s person. The trial court granted the motion to suppress finding a lack of probable cause to support the search. This court, one justice dissenting, held the trial court abused its discretion in failing to find probable cause, reversed the trial court’s order granting the motion to suppress and remanded the cause for trial. State v. Carter, 882 S.W.2d 940 (Tex.App.— Beaumont 1994). The Court of Criminal…