Case v. State

ROBERTSON, Justice.

This is an appeal from a conviction for public lewdness for which the court set a punishment of confinement for one day and a fine of $150. Appellant contends the trial court erred in admitting evidence of police officer’s observation of appellant over the seven-foot wall of a movie viewing booth because the evidence was obtained in violation of the fourth amendment to the United States Constitution and article 1, section 9 of the Texas Constitution. We hold that, although the officers’ activity constituted a search within the meaning of the constitutions, the search was…