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Daniel v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Apr 23, 2015
NO. 02-14-00290-CR (Tex. App. Apr. 23, 2015)

Opinion

NO. 02-14-00290-CR

04-23-2015

NATHAN THOMAS DANIEL APPELLANT v. THE STATE OF TEXAS STATE


FROM THE 43RD DISTRICT COURT OF PARKER COUNTY
TRIAL COURT NO. CR14-0063
CONCURRING MEMORANDUM OPINION

See Tex. R. App. P. 47.4.

By stating that Appellant has provided no authority to show that the search was unlawful, the majority appears to shift from the State the burden of showing the presumptively unreasonable search to be lawful. A warrantless search or seizure is per se unreasonable unless it falls under a recognized exception to the warrant requirement. The State bears the burden to show that a warrantless search was reasonable. With this note, I concur in the result only.

Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 514 (1967); Walter v. State, 28 S.W.3d 538, 541 (Tex. Crim. App. 2000).

State v. Woodard, 341 S.W.3d 404, 412 (Tex. Crim. App. 2011).
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/s/ Lee Ann Dauphinot

LEE ANN DAUPHINOT

JUSTICE
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: April 23, 2015


Summaries of

Daniel v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Apr 23, 2015
NO. 02-14-00290-CR (Tex. App. Apr. 23, 2015)
Case details for

Daniel v. State

Case Details

Full title:NATHAN THOMAS DANIEL APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Apr 23, 2015

Citations

NO. 02-14-00290-CR (Tex. App. Apr. 23, 2015)