Court of Criminal Appeals of Texas
Douglas Michael Hubert, Appellant v. the State of Texas
May 26, 20102010 Tex. Crim. App. LEXIS 636
Summary
The Texas Court of Criminal Appeals held that the appellant's grandfather had actual authority to consent to a search of the appellant's bedroom, making the search reasonable under the Fourth Amendment. The Court reviewed the issue de novo as a mixed question of law and fact and reversed the Court of Appeals while affirming the trial court's denial of the motion to suppress. Justice Meyers dissented, arguing that the State is estopped from asserting error it invited and that the exclusion of the deed was improper.