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.