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 affirmed the conviction for possession of marijuana, holding that the appellant's written consent to search was voluntary and sufficiently attenuated the taint of the illegal stop, so the evidence was admissible. The Court applied the totality‑of‑the‑circumstances analysis and the Brown factors, finding Miranda warnings, opportunity to consult, lack of coercion, and no flagrant misconduct. A dissent argued the consent was fatally tainted and urged reversal and remand.