Pitonyak v. State - 3rd COA
Evidence which was seized under search warrants that were issued based
on information obtained as result of criminal trespass should
not be excluded
under CCP art. 38.23(a). The evidence was properly admitted because the private citizen's entry
into the defendant's apartment was reasonable under the emergency
doctrine. Under the CCA's recent ruling in
Miles v. State, 241
S.W.3d 28 (Tex. Crim. App. 2007), the citizen's trespass was lawful
because a police officer standing in the citizen's shoes and knowing
what he knew would have been objectively warranted in believing an
emergency existed.
Pitonyak v. State, 03-07-00131-CR .