recovery of a bullet fired from the murder weapon
How later courts described this case
- recovery of a bullet fired from the murder weapon
Written by the judges who cited it.
Later courts went against this
Overruled in part by Gordon v. State, 1990 Tex. Crim. App. LEXIS 203 (1990)
That this dictum became authority for a subsequent line of federal circuit and state cases, including this Court’s decision in Black, which were factually distinguishable from Lefkowitz, may be explained by reliance on the Fifth Circuit decision in Amador-Gonzalez, which appeared to expand the “pretext doctrine” to a stop for traffic violations and subsequent search for suspected drugs.
The opinion
McCORMICK, Judge,
dissenting.
Because I cannot agree that the stop of appellant was based on a mere pretext, I must register my dissent. Under the facts presented here, the officers had more than ample grounds to arrest the appellant for numerous traffic violations committed in their presence.
The majority today requires police officers to close their eyes to illegal conduct and not arrest a defendant if there exists *246 probable cause to arrest for another offense for which an arrest warrant is required. To arrive at a solution to their perceived problem, the majority casually overrules Bain v. State, 677 S.W.2d 51 (Tex.Cr.App.1984), and Dodson v. State, 646 S.W.2d 177 (Tex.Cr.App.1980), simply on the mere pretext that the instant arrest was illegal.
This Court should not ride roughshod over the statutes of this State nor in such a helter-skelter manner flippantly overrule established precedent which stands in the path of an objective.
The majority has today given new meaning to the term “independent judiciary.”
I dissent.
W.C. DAVIS, J., joins in this dissent.