Court of Criminal Appeals of Texas

The State of Texas v. Roy Andrew Weaver, Appellee

September 28, 20112011 Tex. Crim. App. LEXIS 1320

Summary

The Court affirmed the trial judge's suppression of methamphetamine evidence, holding that the officers exceeded the scope of the defendant's consent by conducting a drug‑dog sniff of a van on private business premises after the defendant expressly refused consent to search the van. The decision rests on the principle that consent is limited to its expressed purpose and that a dog sniff is a search when officers are not lawfully present in a public area.