Legal Opinion

Barocio v. State

Texas Court of Appeals, 14th District (Houston)

Decided October 2, 2003No. 14-01-00944-CRPublishedCited by 13 opinions

1Opinion of the Court

PLURALITY OPINION

CHARLES W. SEYMORE, Justice.

Following the denial of his motion to suppress, appellant Xavier Hernandez Barocio pleaded no contest to possession of marijuana. He contends on appeal that the trial court should have suppressed the marijuana because police discovered it after entering his home without a warrant. We find that the trial court should have suppressed the marijuana. Accordingly, we reverse and remand.

Background

While on patrol, Harris County Deputy Wyatt noticed a car parked on the road, facing the wrong direction, with its driver’s door open, and the keys in the…

2Cases cited28 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Coolidge v. New HampshireSupreme Court of the United States · 1971
  4. Aguilar v. TexasSupreme Court of the United States · 1964
  5. Payton v. New YorkSupreme Court of the United States · 1980

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

3Cited by13 opinions

  1. State v. HuffSupreme Court of Kansas · 2004
  2. Barocio v. StateCourt of Criminal Appeals of Texas · 2005
  3. Estrada v. State, Texas Court of Appeals, 8th District (El Paso)2003
  4. Barocio v. StateCourt of Criminal Appeals of Texas · 2005
  5. Barocio v. StateCourt of Criminal Appeals of Texas · 2005

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

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