(Download) "Leroy Comer v. State Texas" by Second District, Fort Worth Court of Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Leroy Comer v. State Texas
- Author : Second District, Fort Worth Court of Appeals of Texas
- Release Date : January 13, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On original submission we held that the arresting officer lacked sufficient reasonable suspicion to initiate the investigatory stop which preceded appellants arrest. We adhere to what we stated and held on original submission. However, the State now argues that our inquiry must not end with this determination, but that we must also decide whether the appellant voluntarily abandoned the heroin-filled syringe. We agree. If appellant voluntarily abandoned the syringe, then the contraband became admissible evidence against appellant, notwithstanding the illegality of the initial detention. For the reasons articulated below, we hold that appellant did not voluntarily abandon the contraband, but rather relinquished it as a result of police misconduct.