Court of Criminal Appeals of Texas

Lee Warren Eisenhauer, Appellant v. the State of Texas, Appellee

October 17, 19841984 Tex. Crim. App. LEXIS 778

Summary

The Court of Criminal Appeals of Texas reversed the Houston Court of Appeals, holding that the warrantless arrest and search of Eisenhauer were supported by probable cause under the totality‑of‑the‑circumstances test articulated in Illinois v. Gates, and therefore the motion to suppress was properly denied. The decision was remanded for the lower court to address the state‑law issues that were not decided. Justice Teague and Justice Clinton each filed dissenting opinions contesting the majority’s reliance on Gates over Texas statutory requirements.