Court of Criminal Appeals of Texas

Raul J. Juarez, Appellant v. the State of Texas, Appellee

September 27, 19881988 Tex. Crim. App. LEXIS 172

Summary

The Court of Criminal Appeals of Texas affirmed the conviction of Raul J. Juarez for possession of marijuana, holding that the appellant's written consent to search was voluntary and sufficiently attenuated the taint of the alleged illegal stop, rendering the seized evidence admissible. The majority applied the totality‑of‑the‑circumstances test and the Brown v. Illinois factors, finding intervening circumstances and proper Miranda warnings. A dissent argued that the consent was fatally tainted by the illegal stop and urged vacatur and remand. The opinion does not create a new rule.