(DOWNLOAD) "Cerda v. State" by Texas Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Cerda v. State
- Author : Texas Court of Appeals
- Release Date : January 06, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Appellant, Sandra Garcia Cerda, was convicted for possession of marijuana and sentenced to twenty years confinement. On appeal, appellant raised six points of error. We reversed and remanded after finding that the trial court abused its discretion in denying appellants motion to suppress. See Cerda v. State, 951 S.W.2d 119, 121-22 (Tex. App.--Corpus Christi 1997), vacated, 975 S.W.2d 635 (Tex. Crim. App. 1998). We determined that the evidence was illegally seized because the officer conducted a warrantless search of appellants automobile without the existence of exigent circumstances. See id. at 121-22. We based our opinion largely upon State v. Guzman, 942 S.W.2d 41, 45 (Tex. App.--Corpus Christi 1997), revd, 959 S.W.2d 631 (Tex. Crim. App. 1998), in which we held there must be probable cause and exigent circumstances to justify a warrantless search under the automobile exception. Subsequently, the Texas Court of Criminal Appeals reversed Guzman, holding that "the automobile exception to the Fourth Amendment of the United States Constitution does not require the existence of exigent circumstances in addition to probable cause." Guzman v. State, 959 S.W.2d 631, 634 (Tex. Crim. App. 1998). As a result, the court of criminal appeals reversed and remanded this cause for review consistent with its holding in Guzman. We affirm.
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