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Legal Opinion

Gallups v. State

Court of Criminal Appeals of Texas

Decided December 8, 2004No. PD-897-03PublishedCited by 98 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HerveyHervey, J.

WOMACK, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

In this case, appellant was convicted of a felony driving while intoxicated offense. He challenges the legality of his warrant-less home arrest. We decide that this arrest did not violate state law.

The record reflects that appellant filed a motion to suppress, challenging the legality of his warrantless home arrest. Appellant claimed in his motion to suppress that this arrest was illegal under state law solely because it did not meet the exception to the warrant requirement set out in Article 14.04, Tex.Code CRiMs. Proo., which provides:

3Cases cited12 opinions

  1. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  2. Cuyler v. SullivanSupreme Court of the United States · 1980
  3. State v. RossCourt of Criminal Appeals of Texas · 2000
  4. Welsh v. WisconsinSupreme Court of the United States · 1984
  5. Arline v. StateCourt of Criminal Appeals of Texas · 1986

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

4Cited by98 opinions

  1. Valtierra v. StateCourt of Criminal Appeals of Texas · 2010
  2. Swain v. StateCourt of Criminal Appeals of Texas · 2005
  3. Meekins v. StateCourt of Criminal Appeals of Texas · 2011
  4. State v. WeaverCourt of Criminal Appeals of Texas · 2011
  5. Keeter v. StateCourt of Criminal Appeals of Texas · 2005

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

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