Legal Opinion
Bray v. State
Court of Criminal Appeals of Texas
Decided January 9, 1980No. 57918PublishedCited by 61 opinions
1Opinion of the Court
OPINION
ROBERTS, Judge.
The appellant was found guilty of possession of heroin. Having twice previously been convicted of felonies as alleged, he was sentenced to confinement for life. He argues that the trial court erred in admitting into evidence the heroin (and a syringe) because it was discovered through an unlawful search. The State argues that the search was proper under the “emergency” doctrine.
The emergency doctrine is an exception to the general, constitutional prohibitions of searches by officials without a warrant from a magistrate. A warrantless search may be justified by a need to…
2Cases cited7 opinions
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
- McDonald v. United StatesSupreme Court of the United States · 1948
- Michigan v. TylerSupreme Court of the United States · 1978
- Helen Frances Sutton Root v. Isabel H. GauperCourt of Appeals for the Eighth Circuit · 1971
- Corbett v. StateCourt of Criminal Appeals of Texas · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Brimage v. StateCourt of Criminal Appeals of Texas · 1996
- Riordan v. State, Texas Court of Appeals, 3rd District (Austin)1995
- Kenneth Lee Douds v. State, Texas Court of Appeals, 14th District (Houston)2014
- Janicek v. StateCourt of Criminal Appeals of Texas · 1982
- Pine v. StateCourt of Appeals of Texas · 1994
56 more not listed; retrieve them via the Exa API.