Green v. State

I believe the majority opinion fails adequately to address the reasoning behind the exclusionary rule as presented in Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979), and Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975), and the good faith of the officers in the execution of the arrest under the facts before us. Because the facts must be viewed with an eye toward how law enforcement reacted, a brief recital of the facts preceding the arrest is necessary.1

I

On the night of January 12, 1975, the Lubbock County Sheriff’s Department discovered two…