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 reversed the conviction and remanded for further review, holding that the affidavit supporting the arrest warrant was conclusively insufficient to establish probable cause, rendering the warrant and arrest illegal, and that the Black pretext‑arrest doctrine does not apply to arrests made pursuant to a valid warrant. Justice Baird, in a concurring opinion, agreed with the remand but called the pretext‑arrest discussion dicta.