Wehrenberg v. Texas (Original)
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A police anti-narcotics unit had been conducting surveillance of a residence for approximately thirty days when officers received a call from a confidential informant advising them that the occupants were preparing to manufacture methamphetamine. Several hours after receiving that call, officers entered the residence without a search warrant and without consent. The officers encountered several individuals, including appellant, whom they handcuffed and escorted to the front yard. Officers performed a protective sweep of the residence, and determined that no methamphetamine was being "cooked" at that time. Two investigators then prepared the search-warrant affidavit. The affidavit relied only on information provided by the confidential informant and did not mention the officers' warrantless entry into the residence. Appellant was arrested and charged with possession of chemicals with intent to manufacture methamphetamine and possession of methamphetamine weighing more than 4 but less than 200 grams. The trial court granted in part and denied in part appellant's motion to suppress, holding that the officers' initial entry into the residence was "without a lawful warrant, exigent circumstances, or other lawful basis." Appellant subsequently pled guilty pursuant to a plea-bargain agreement and was sentenced to five years' confinement on each count, to run concurrently. Appellant expressly reserved his right to appeal the trial court's ruling on the motion to suppress. The issue before the Supreme Court in this case centered on whether the federal independent source doctrine was applicable in Texas. The Court of Criminal Appeals concluded that because the independent source doctrine did not circumvent or avoid the statutory exclusionary rule's requirement that evidence obtained in violation of the law be suppressed. As such, the court of appeals erred by rejecting that doctrine as a basis for upholding the trial court's suppression ruling.
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