Court of Criminal Appeals of Texas

Brent Thomas Gordon, Appellant v. the State of Texas, Appellee

December 12, 19901990 Tex. Crim. App. LEXIS 203

Summary

The Court of Criminal Appeals of Texas reversed the conviction and remanded for further review, holding that the affidavit supporting the arrest warrant was conclusory and lacked the factual basis required to establish probable cause, rendering the warrant invalid. It also held that Article 38.23(b) of the Texas Code of Criminal Procedure does not apply to evidence obtained before the statute's effective date. The Court treated the pretext‑arrest doctrine discussion as dicta and did not base its reversal on it.