Bradley Ray McClintock v. State

OPINION ON REMAND

Michael Massengale, Justice

This case was remanded to us by the Court of Criminal Appeals. McClintock v. State, 444 S.W.3d 15 (Tex.Crim.App.2014). That Court affirmed our initial analysis and remanded to address in the first instance an issue first raised in the State’s petition for discretionary review. On remand, we must determine whether, under the facts of this case, an officer’s good-faith reliance on binding appellate precedent operates as an exception to both the federal exclusionary rule and Texas exclusionary statute. See id. at 20-21.

We conclude that the judge-made…