Although the Texas Court of Criminal Appeals has not expressly adopted the doctrine of apparent authority, several intermediate appellate courts have recognized it. See McNairy v. State, 835 S.W.2d 101, 105 (Tex.Crim.App. 1991). When ambiguous circumstances arise that cast doubt on the effectiveness of the consent or the extent of the consent given, in order to be constitutionally valid officers must make further inquiry to determine the legal parameters of the search.
When a defendant moves to suppress evidence based on a warrantless search, the State has the burden of showing that probable cause existed at the time the search was made and that exigent circumstances requiring immediate entry made obtaining a warrant impracticable. McNairy v. State, 835 S.W.2d 101, 106 (Tex.Crim.App.1991). Probable cause exists when reasonably trustworthy circumstances within the knowledge of the police officer on the scene would lead him to reasonably believe that evidence of a crime will be found.
One such exception is a search conducted with probable cause and exigent circumstances, which make obtaining a warrant impracticable. McNairy v. State, 835 S.W.2d 101, 106 (Tex.Crim.App. 1991). "Probable cause to search exists when reasonably trustworthy facts and circumstances within the knowledge of the officer on the scene would lead a man of reasonable prudence to believe that the instrumentality of a crime or evidence of a crime will be found."
For purposes of evaluating the need for probable cause, a warrantless entry into a residence is considered equivalent to a warrantless search of a residence. McNairy v. State, 835 S.W.2d 101, 106 (Tex.Crim.App. 1991) (citing Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967)).See McNairy, 835 S.W.2d at 106 (quoting definition of probable cause set out in Brinegar v. United States, 338 U.S. 160, 176, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949)).
An unconsented police entry into a residence constitutes a search. McNairy v. State, 835 S.W.2d 101, 106 (Tex.Crim.App.1991); see Parker v. State, 206 S.W.3d 593, 596 n. 7 (Tex.Crim.App.2006). A warrantless search of a residence is presumptively unreasonable.
B. Analysis The officers in this case did not have a warrant to search the rooms of the Limons' house, nor did they have consent. Id. However, these facts do not automatically make the search illegal. "In order for a warrantless search to be justified, the State must show the existence of probable cause at the time the search was made, and the existence of exigent circumstances which made the procuring of a warrant impracticable." McNairy v. State, 835 S.W.2d 101, 106 (Tex. Crim. App. 1991) (citing Hooper v. State, 516 S.W.2d 941, 944 (Tex. Crim. App. 1974)). "Probable cause to search exists when reasonably trustworthy facts and circumstances within the knowledge of the officer on the scene would lead a man of reasonable prudence to believe that the instrumentality of a crime or evidence of a crime will be found." Id. (citing Washington v. State, 660 S.W.2d 533, 535 (Tex. Crim. App. 1983)). "Probable cause is the sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observe as trained officers. We weigh not individual layers but the 'laminated' total." Smith v. United States, 358 F.2d 833, 837 (D.C. Circ. 1965). The U.S. Supreme Court has expressed the probable cause standard as follows: In dealing with probable cause, . . . as the very name implies, we are dealing with probabilities.
Without consent, entry by a police officer into one's home constitutes a search, even if the entry is for a limited purpose. See McNairy v. State, 835 S.W.2d 101, 106 (Tex.Crim.App. 1991) (citing Katz v. United States, 389 U.S. 347 (1967)). The warrant procedure guards against needless home intrusions.
For a warrantless search to be justified, "the State must show the existence of probable cause at the time the search was made, and the existence of exigent circumstances which made the procuring of a warrant impracticable." McNairy v. State, 835 S.W.2d 101, 106 (Tex.Crim. App. 1991). Probable cause to search exists when reasonably trustworthy facts and circumstances within the knowledge of the officer on the scene would lead a person of reasonable prudence to believe that the instrumentality of a crime or evidence of a crime will be found. McNairy, 835 S.W.2d at 106.
A warrantless search is justified when the State shows (1) that probable cause existed at the time the search was made and (2) that exigent circumstances existed that made the procuring of a warrant impracticable. Turrubiate v. State, No. PD-0388-12, 2013 WL 1438172, at *2 (Tex. Crim. App. Apr. 10, 2013); Estrada v. State, 154 S.W.3d 604, 610 (Tex. Crim. App. 2005); McNairy v. State, 835 S.W.2d 101, 106 (Tex. Crim. App. 1991), abrogated in part on other grounds by Turrubiate, 2013 WL 1428172, at *4; Pair v. State, 184 S.W.3d 329, 334 (Tex. App.—Fort Worth 2006, no pet.). Probable cause to search exists when reasonably trustworthy facts and circumstances within the knowledge of the officer on the scene would lead a man of reasonable prudence to believe that the instrumentality of a crime or evidence of a crime will be found.
A non-consensual police entry into a residential unit constitutes a search under Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). McNairy v. State, 835 S.W.2d 101, 106 (Tex.Crim.App. 1991). A warrantless search is justified when the State shows (1) that probable cause existed at the time the search was made and (2) that exigent circumstances existed which made the procuring of a warrant impracticable.