Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
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 [1].

Source URL: http://www.tdcaa.com/node/2412

Links:
[1] http://www.3rdcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=16649