Legal Opinion · Dissent

Phillips v. State

Court of Criminal Appeals of Texas

Decided January 14, 1959No. 30043Published

1DissentDavidson, Judge

If the Constitution of this state and that of the United States, which guarantee that one’s home is secure against an unreasonable and unlawful search and seizure, are in force and effect and are to be enforced and followed and .obeyed by the courts, this conviction can not and ought not to be permitted to stand, for it was obtained in violation of those constitutional guarantees.

If the statute law of this state which says that no evidence obtained in violation of any provision of the Constitution and laws of the United States and of this state shall be admitted in evidence against the…

2Cases cited13 opinions

  1. Byars v. United StatesSupreme Court of the United States · 1927
  2. Nathanson v. United StatesSupreme Court of the United States · 1933
  3. Landa v. ObertTexas Supreme Court · 1876
  4. Chapin v. StateCourt of Criminal Appeals of Texas · 1927
  5. Willoughby v. StateCourt of Criminal Appeals of Texas · 1919

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