[Download] "State v. Caster" by The Texas Court of Criminal Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State v. Caster
- Author : The Texas Court of Criminal Appeals
- Release Date : January 07, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Police arrived at defendants home to investigate a report that defendant, a felon, was in possession of a firearm. They sought defendants consent to search his home, but he refused. The officers then arrested defendant on an outstanding warrant. Once defendant had been escorted from his home and placed in a patrol car, the officers sought and obtained consent from the co-occupant of the home to enter and seize firearms. The question in this case is whether, for purposes of the Fourth Amendment, the co-occupants voluntary consent justified the warrantless entry of the home, notwithstanding defendants earlier objection. The issue is one that has split federal circuit courts in the wake of Georgia v. Randolph, 547 US 103, 126 S Ct 1515, 164 L Ed 2d 208 (2006), and one of first impression in this court. For the reasons that follow, we hold that defendants arrest did not vitiate his previously registered objection to a search of his home, and that the co-occupants subsequent consent was ineffective as to defendant. Accordingly, we reverse and remand.