Oscar Emilio Arcila, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals affirmed the Dallas Court of Appeals' judgment that appellant's consent to the warrantless search was freely and voluntarily given, and therefore the seized cocaine was admissible. The majority held that no separate attenuation analysis was required because the appellant did not raise that issue, and it declined to substitute its own factual judgments for those of the lower courts. Justice Baird and Justice Overstreet dissented, arguing that the attenuation issue was preserved and should have been decided, and Justice Clinton concurred, emphasizing the distinction between voluntariness and attenuation claims. The petition for discretionary review was overruled and the conviction upheld.