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Rios v. State

Court of Appeals of Texas, Fourteenth District
Aug 3, 2021
No. 14-18-00886-CR (Tex. App. Aug. 3, 2021)

Opinion

14-18-00886-CR

08-03-2021

RAMON RIOS, III, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 1491213

DISSENTING OPINION FROM DENIAL OF EN BANC RECONSIDERATION

Margaret "Meg" Poissant, Justice

I respectfully dissent from this court's denial of en banc reconsideration and join Section A of Justice Hassan's dissent in that the officers in this case failed to articulate specific and articulable facts upon which they could have reasonably believed that anyone other than Rios was present inside the house or that anyone concealed posed a danger to their safety. Absent such facts, the protective sweep in this case was unreasonable and invalid under the Fourth Amendment. See Maryland v. Buie, 494 U.S. 325, 334 (1990); Reasor v. State, 12 S.W.3d 813, 81617 (Tex. Crim. App. 2000).

I also agree with Section B.1 of Justice Hassan's dissent that the officers therefore did not have a legitimate reason to be present in the house, negating the majority's opinion that the drugs found during the initial search were in plain view. See Minnesota v. Dickerson, 508 U.S. 366, 375 (1993) (citations omitted); Ramos v. State, 934 S.W.2d 358, 365 (Tex. Crim. App. 1996), cert. denied, 520 U.S. 1198 (1997) (citing State v. Haley, 811 S.W.2d 597, 599 (Tex. Crim. App. 1991); Stoker v. State, 788 S.W.2d 1, 9 (Tex. Crim. App. 1989), cert. denied, 498 U.S. 951 (1990)).

En Banc Panel consists of Chief Justice Christopher and Justices Wise, Jewell, Bourliot, Zimmerer, Spain, Hassan, Poissant, and Wilson. (Hassan, J., dissenting, joined, in part, by Poissant, J.).


Summaries of

Rios v. State

Court of Appeals of Texas, Fourteenth District
Aug 3, 2021
No. 14-18-00886-CR (Tex. App. Aug. 3, 2021)
Case details for

Rios v. State

Case Details

Full title:RAMON RIOS, III, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District

Date published: Aug 3, 2021

Citations

No. 14-18-00886-CR (Tex. App. Aug. 3, 2021)