Post details: TX5: Drug dog at the front door is a "search"

06/19/13

Permalink 10:38:11 am, by fourth, 231 words, 566 views   English (US)
Categories: General

TX5: Drug dog at the front door is a "search"

A drug dog alert at defendant's front door violated the curtilage. Jardines decided while on appeal. State v. Williamson, 2013 Tex. App. LEXIS 4845 (Tex. App. – Dallas April 17, 2013), Released for Publication May 27, 2013:

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Following the issuance of Jardines, the State filed a motion providing notice of issuance of subsequent dispositive legal authority. The State conceded that the issuance of Jardines seems to be dispositive of the instant cases "in a manner that is in no way supportive of the State's position herein." We agree. Although the State initially relied on cases from other Texas courts of appeals to support its position that the warrantless drug sniff did not constitute a search for Fourth Amendment purposes, those courts did not have the benefit of the Supreme Court's ruling in Jardines. See, e.g., Romo v. State, 315 S.W.3d 565, 573 (Tex. App.—Fort Worth 2010, pet. ref'd); Rodriguez v. State, 106 S.W.3d 224, 230 (Tex. App.—Houston [1st Dist.] 2003, pet. ref'd); Porter v. State, 93 S.W.3d 342, 346-47 (Tex. App.—Houston [14th Dist.] 2002, pet. ref'd).

The trial court did not err in granting the motions to suppress. See Estrada v. State, 154 S.W.3d 604, 607 (Tex. Crim. App. 2005) (holding we must uphold trial court's ruling if it is correct under any theory of law applicable to case). We resolve the State's three issues against it and affirm the trial court's orders granting appellee's motions to suppress.

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