(DOWNLOAD) "Ricardo Lloyd Johnson v. State Texas" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ricardo Lloyd Johnson v. State Texas
- Author : Supreme Court Of Utah
- Release Date : January 30, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
The trial court convicted Ricardo Lloyd Johnson of aggravated possession of cocaine with intent to deliver and assessed punishment at fifty years confinement. On original submission, this Court held that, based solely on the Fourth Amendment of the United States Constitution, the trial court erred in overruling Johnsons motion to suppress because the police officers had neither reasonable, articulable suspicion nor probable cause to make a warrantless search and because there were insufficient specific articulable facts to justify a temporary detention. Further, we held that Johnson did not voluntarily abandon the contraband. Consequently, we reversed the trial courts judgment and remanded the cause for further proceedings. Johnson v. State, 802 S.W.2d 325 (Tex. App.--Dallas 1990), vacated, 825 S.W.2d 126 (Tex. Crim. App. 1992). After quoting the following portion of this Courts majority opinion, "The flaw in the States case is that none of the circumstances preceding the officers detention of appellant justified a reasonable suspicion that he was involved in criminal conduct," the court of criminal appeals vacated this Courts judgment and remanded this cause for our reconsideration of Johnsons suppression argument "by reviewing the totality of the circumstances of appellants arrest in light of California v. Hodari D." Johnson v. State, 825 S.W.2d 126, 127 (Tex. Crim. App. 1992); see California v. Hodari D., 111 S. Ct. 1547 (1991).
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