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TX9: Entry was without PC, but for officer safety, so plain view not suppressed

By John Wesley Hall, Jr.

The police lacked probable cause on the totality to enter the defendant’s home on the totality of circumstances. There was a valid justification for officer safety, so the entry and plain view inside is not suppressed. Pace v. State, 2010 Tex. App. LEXIS 6265 (Tex. App. – Beaumont August 4, 2010)* [TX website under maintenance today]: We conclude the totality of the circumstances in this case did not give the officer probable cause to enter the residence. Officer Clack knew about the residence and its occupants. The police had responded to harassment and noise calls there in the past. Other than the allegation from an unidentified source of drug use in front of children in the home, there was no specific information regarding appellant's current possession of drugs...continue to full post

Full post as published by Fourth Amendment on August 08, 2010 (boomark / email).