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DO NOT PUBLISH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