State v. Peyton David Brown

BEA ANN SMITH, Justice.

The State of Texas appeals from the district court’s order suppressing evidence seized from appellee during a warrantless search. See Tex.Code Crim.Proc.Ann. art. 44.01(a)(5) (West Supp.1995). In reaching its decision, the trial court implicitly determined that the search lacked probable cause, or that exigent circumstances did not justify the failure to obtain a warrant, or both. Because the relevant facts are not in dispute, this appeal presents only questions of law subject to de novo review. Concluding that the trial court applied the law incorrectly in this ease,…