Legal Opinion
Turrubiate v. State
Court of Criminal Appeals of Texas
Decided April 10, 2013No. PD-0388-12PublishedCited by 292 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · AlcalaAlcala, J.
in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and COCHRAN, J.J., joined.
In deciding this petition for discretionary review filed by the State, we address what constitutes exigent circumstances permitting police officers to enter a home without a warrant. We agree with the holding by the court of appeals that probable cause to believe that illegal drugs are in a home coupled with an odor of marijuana from the home and a police officer making his presence known to the occupants do not justify a warrantless entry. Turrubiate v. State, 365 S.W.3d 780, 788 (Tex.App.-San Antonio 2012).…
3Cases cited20 opinions
- Florida v. JardinesSupreme Court of the United States · 2013
- Silverman v. United StatesSupreme Court of the United States · 1961
- Kentucky v. KingSupreme Court of the United States · 2011
- State v. KellyCourt of Criminal Appeals of Texas · 2006
- Estrada v. StateCourt of Criminal Appeals of Texas · 2005
15 more not listed; retrieve them via the Exa API.
4Cited by292 opinions
- Furr v. StateCourt of Criminal Appeals of Texas · 2016
- Brodnex v. StateCourt of Criminal Appeals of Texas · 2016
- State v. RodriguezCourt of Criminal Appeals of Texas · 2017
- Kenneth Lee Douds v. State, Texas Court of Appeals, 14th District (Houston)2014
- Alford, MelindaCourt of Criminal Appeals of Texas · 2013
287 more not listed; retrieve them via the Exa API.