Court of Criminal Appeals of Texas

Winnie R. Ebarb, Appellant v. the State of Texas, Appellee

May 28, 19801980 Tex. Crim. App. LEXIS 1223

Summary

The Court reversed and remanded, holding that the handgun was seized as the fruit of an unlawful investigatory stop because the informant tip lacked specific and articulable facts, rendering the plain‑view doctrine inapplicable; the error was not harmless. Several dissenting and concurring opinions argued that no stop occurred and that consent and plain view justified the seizure.