Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of October 1, 2007

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions can be accessed by clicking the cause number then clicking View HTML Version of Opinion.

Beall v. State, No. 02-06-00193-CR (Oct. 4, 2007) (Gardner, J., joined by Dauphinot and Holman, JJ.).

Held: A police search of Appellant's belongings in a motel room did not violate Appellant's Fourth Amendment rights, despite the fact that police did not seek or obtain Appellant's permission to enter the room. Appellant's co-occupant gave police permission to enter; once they were inside, Appellant gave them permission to search his belongings; and his permission to search implied permission to remain in the room long enough to conduct the search. Thus, the police had justification to enter, justification to stay, and justification to search.

« Return to Case Summaries Home Page «

Updated: 05-Oct-2007