Carter v. State

1 Citing case

  1. Julian Gonzales v. State

    131 Tex. Crim. 15 (Tex. Crim. App. 1936)   Cited 5 times

    "The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation." It occurs to us that the search made of the appellant's home under the illegal warrant was but a continuation of that which the officers had theretofore instituted without any warrant of any kind when they entered upon his premises and began to sniff for odors of marihuana, but whether it was or not makes but little difference, if any, as the entire search from beginning to end was without any legal authority, and evidence obtained by reason of such search was, therefore, inadmissible against the appellant under the following authorities: Nelson v. State, 14 S.W.2d 847; Chapin v. State, 296 S.W. 1095; Field v. v. State, 299 S.W. 258; Davis v. State, 113 Tex. Crim. 421; Carter v. State, 300 S.W. 61, unless appellant's arrest without a warrant was authorized under art. 212, C. C. P., 1925. At the time the officers entered and searched appellant's home by virtue of the illegal search warrant they had not observed him committing a felony. He was not within their view and they did not know that he was then violating the law as they did not know that he was in the house at the time.