The State of Texas v. Roy Andrew Weaver, Appellee

Summary

The Texas Court of Criminal Appeals affirmed the trial court’s suppression of methamphetamine evidence, holding that the officers exceeded the scope of the defendant’s consent by conducting a dog sniff of a van on private business premises after the defendant expressly refused consent to search the van. The majority reasoned that the van was not in a public parking area and that the officers were not lawfully present to conduct the sniff, making the search unconstitutional.