[Download] "Jose Francisco Leal v. State Texas" by Court of Criminal Appeals of Texas No. 1208-87 * eBook PDF Kindle ePub Free

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eBook details

• Title: Jose Francisco Leal v. State Texas
• Author : Court of Criminal Appeals of Texas No. 1208-87
• Release Date : January 10, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Appellant was convicted of the offense of possession of marihuana in a quantity of more than 200 but less than 2,000 pounds.
Punishment was assessed at 12 years in the Texas Department of Corrections. His conviction was affirmed by the Thirteenth
Court of Appeals. Leal v. State, 736 S.W.2d 907 (Tex.App. -- Corpus Christi 1987). The pertinent facts are as set out by the court of appeals in its opinion, id., at 908-09. That court rejected appellant's
claim his pretrial motion to suppress evidence should have been granted, holding, inter alia, that under the "open fields"
doctrine no violation of state of federal constitutions occurred when officers entered upon the ranch property, of which appellant
was caretaker, without a warrant; and that his subsequent consent to search two trailers on the property was given voluntarily,
and hence in keeping with both the Fourth Amendment to the United States Constitution and Article I, § 9 of the Texas Constitution.
One justice dissented on the grounds, inter alia, that, the issue of constitutional violations aside, the officers' entry
upon the property constituted criminal trespass under V.T.C.A. Penal Code, § 30.05, thus calling into play the exclusionary
remedy of V.A.C.C.P., Article 38.23;* and that under the totality of circumstances appellant's consent could not be found
to have been voluntary.

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