Court of Criminal Appeals of Texas

In a prosecution of a defendant for theft, court of appeals' affirmance of a trial court's grant of defendant's motion to suppress is reversed and remanded where, as long as probable cause to believe that items found in plain view constitute contraband arises while police are still lawfully on the premises, and any further investigation into the nature of those items does not entail an additional and unjustified search of, or unduly prolonged police presence on, the premises, the seizure of those items is permissible under the Fourth Amendment.

Appellate Information

• Decided 10/20/2010
• Published 10/20/2010

Judges

• Price

Court

• Court of Criminal Appeals of Texas

Counsel