(DOWNLOAD) "Franks v. State" by Supreme Court of Wisconsin * eBook PDF Kindle ePub Free
eBook details
- Title: Franks v. State
- Author : Supreme Court of Wisconsin
- Release Date : January 18, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Appellant Pamela Rose Franks was convicted after pleading guilty to possession of less than one gram of cocaine. See Tex. Health & Safety Code Ann. § 481.102(3)(D) (West Supp. 2006), § .115(a), (b) (West 2003). In her sole point of error, appellant contends that the trial court erred in denying her motion to suppress evidence "because the seizure and search was unreasonable and did not fall within the community-caretaking exception of the warrant requirement of the Fourth Amendment of the United States Constitution or Article I, section 9 of the Texas Constitution." See U.S. Const. amend. IV; Tex. Const. art. I, § 9; Cady v. Dombrowski, 413 U.S. 433, 441 (1973); Wright v. State, 7 S.W.3d 148, 151 (Tex. Crim. App. 1999). Based on this record, we conclude that appellants detention was not justified by the officers reasonable suspicion of appellants involvement in criminal activity or the officers exercise of his community-caretaking function. We reverse the judgment and remand this case to the district court.
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