The trial court incorrectly denied two separate motions to suppress brought by two brothers charged with drug offenses arising out of the same search of their shared residence. In both cases the State did not meet its burden to show that exigent circumstances justified the officers' proceeding down the hallway in the defendants' home and conducting a protective sweep of the premises while searching for a runaway minor who was allegedly in the house. There was no evidence that the officers believed they were in danger, only that they were concerned about the runaway who was supposedly inside.

Eduardo Valtierra v. State No 04-08-00236-CR     Heriberto Valtierra v. State No 04-08-00239-CR