The State of Texas has traditionally protected the rights of a citizen in their home, whether those rights involve self-defense, protection from creditors, or illegal police searches. But what exactly defines an illegal police search? The Texas Criminal Appeals Court recently delved into the latter issue in Turrubiate v. State,396 S.W.3d 147 (Tex.Crim.App. 2013). In Turrubiate, the defendant was arrested after a warrantless search and arrest in his home when law enforcement detected the strong odor of marijuana and entered under the auspices of protecting a child in the home.
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