Court of Criminal Appeals of Texas· 6/9/1976
Faulkner v. State
Citations
- 537 S.W.2d 742
- 1976 Tex. Crim. App. LEXIS 979
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “common sense” reading of warrant demonstrated that warrant was “ordering the seizure of the contraband which formed the basis of the affidavit”
- holding that affidavit is made part of warrant when incorporated by reference and two are stapled together
- holding that affidavit is made part of warrant when incorporated by reference and two are stapled together
- noting that affidavits must be read in common sense and realistic fashion
- “[I]n interpreting affidavits and search warrants, magistrates and courts must do so in a common sense and realistic fashion and avoid hypertechnical analysis.”
- where warrant authorized a search of the suspected premises and to “seize same,” a “common sense” interpretation of the warrant, guided by the request in the affidavit to seize any marijuana found in the premises, controlled
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown
Read full opinion on CourtListenerCited by
29 cases in this archive cite this case; the 20 most cited are listed.
- Green v. StateCourt of Criminal Appeals of Texas· 1990-11-28· cited 112×
- Madrid v. StateCourt of Criminal Appeals of Texas· 1979-10-31· cited 78×
- Arrick v. StateTex. App. Ct., 3rd Dist. (Austin)· 2003-04-24· cited 55×
- Ashcraft v. StateTex. App. Ct., 13th Dist.· 1996-12-05· cited 54×
- Williams v. StateCourt of Criminal Appeals of Texas· 1998-03-18· cited 39×
- State v. TiptonTex. App. Ct., 13th Dist.· 1997-01-29· cited 23×
- Reese v. StateCourt of Criminal Appeals of Texas· 1986-04-30· cited 16×
- Gonzales v. StateCourt of Appeals of Texas· 1988-03-30· cited 15×
- Williams v. StateTex. App. Ct., 14th Dist. (Houston)· 1996-08-29· cited 15×
- State v. SaldivarCourt of Appeals of Texas· 1990-12-19· cited 11×
- Hall v. StateCourt of Appeals of Texas· 1988-06-01· cited 9×
- Greene v. StateTex. App. Ct., 2nd Dist. (Fort Worth)· 2011-11-17· cited 7×
- Anthony Fernando Strange v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2014-09-18· cited 6×
- Teeters v. StateTex. App. Ct., 13th Dist.· 1981-11-12· cited 4×
- Lindley v. StateCourt of Appeals of Texas· 1989-03-24· cited 2×
- Joseph v. StateCourt of Appeals of Texas· 1988-10-26· cited 1×
- Green v. StateCourt of Appeals of Texas· 1989-02-08· cited 1×
- Jerry Dale Pratt v. StateTex. App. Ct., 2nd Dist. (Fort Worth)· 2005-12-22
- Jason Alan Arrick v. StateTex. App. Ct., 3rd Dist. (Austin)· 2003-04-24
- William Loyd MacEachran v. StateTex. App. Ct., 10th Dist. (Waco)· 2006-10-11
Cites
5 cases in this archive are cited by this case.
- United States v. VentrescaSupreme Court· 1965-03-01· cited 4,171×
- Phenix v. StateCourt of Criminal Appeals of Texas· 1972-07-19· cited 94×
- Brown v. StateCourt of Criminal Appeals of Texas· 1968-03-20· cited 46×
- Chambers v. StateCourt of Criminal Appeals of Texas· 1974-03-20· cited 41×
- Powell v. StateCourt of Criminal Appeals of Texas· 1974-02-20· cited 23×
Sourced from CourtListener / Free Law Project (CC0).
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