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eBook details

• Title: Merna Argovitz Kann v. State Texas
• Author : Fifth District, Dallas Court of Appeals of Texas
• Release Date : January 22, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Merna Argovitz Kann appeals her conviction in two cases for possession of marijuana and codeine. In two grounds of error, she maintains that the trial court erred in overruling her motion to suppress evidence because such evidence was seized pursuant to an illegal search in violation of: (1) the Fourth and Fourteenth Amendments to the United States Constitution; and (2) Article I, Section 9 of the Texas Constitution and article 38.23 of the Texas Code of Criminal Procedure. In her third ground of error, she contends that the search warrant and supporting affidavit failed to show probable cause. We agree with appellants second contention, that the TEX. CONST. art. I, § 9 and TEX. CODE CRIM. PRO. ANN. art. 38.23 (Vernon 1979) mandate the exclusion of the evidence in question and find that ground dispositive of this appeal. Accordingly, we reverse the judgment of the trial court.

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