CRIMINAL APPEALS COURT REMINDS OFFICERS THAT THEY CANNOT STAY FOR DINNER AFTER ASKED TO LEAVE


 

The Texas Court of Criminal Appeals addressed a situation last week that I have seen come up in Dallas County drug cases more than once: what do the police have to do when somebody lets the police come into their home but then changes their mind? The case went to the Court of Criminal Appeals from the San Antonio Court of Appeals, with the case originating from Kerrville. The defendant was charged with methamphetamine possession.

When deputy sheriffs responded to a disturbance call at her apartment, the defendant answered the door, and she appeared intoxicated and distraught. The officers asked to go inside, and the defendant agreed. While waiting on a warrant check, the defendant changed her mind about letting the police in and asked them to leave. The officers ignored her request because they wanted the warrant check to came back before they decided to leave. Lawyer office in Georgia. While waiting, the officers saw evidence of drug use, and the defendant shortly thereafter admitted drug use. The officers then searched the immediate area and checked the kitchen for things in "plain view." They arrested the defendant after finding more drugs. There was no one else at home except for two children who were asleep.

A defendant can give up her normal rights against having the police search her home if she consents to their entry and search. However, consent to enter or to search can be revoked; consequently, the officers were required to leave before they saw any drugs. Without the drugs, there was no probable cause for the continued search or to arrest the defendant, and all of the drugs were inadmissible in court.

The Court also noted that sometimes rights that normally apply become inapplicable if there is some kind of emergency or threat to someone's safety. Even though the defendant's apartment was in disarray, there was no evidence of threatened violence. She said that she was angry with her boyfriend, but the boyfriend was not there.

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