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State Texas v. Jimmy Ray Barnett

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eBook details

  • Title: State Texas v. Jimmy Ray Barnett
  • Author : Supreme Court Of Utah
  • Release Date : January 25, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

In a motion to revoke probation, the State alleged that appellee violated the terms and conditions of probation by possessing amphetamine. Appellee was arrested during the execution of a search warrant at Paula Byrds home. While the police had been searching Byrds home, appellee, who was not named in the warrant affidavit, drove up in his car, whereupon he was immediately arrested and his car searched. Police discovered a small quantity of amphetamine in his car. Appellee filed a Motion to Suppress Evidence, alleging that the amphetamine was discovered pursuant to an illegal search and seizure. The trial court granted appellees motion, and the State appealed. The Third Court of Appeals reversed the trial courts judgment and found that the search of appellee and his car aid not exceed the scope of the search authorized by the warrant. See Barnett v. State, 764 S.W.2d 896 (Tex.App. -- Austin 1989). We granted appellees petition for discretionary review to determine whether the search of appellees car was permitted under Article I, Sec. 9 of the Texas Constitution and the Fourth Amendment to the United States Constitution.


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