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SMITH v. STATE

No. 04-85-00540-CR.

722 S.W.2d 205 (1986)

Perry Douglas SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 10, 1986.

Attorney(s) appearing for the Case

Lawrence F. Harrison, Junction, for appellant.

Ronald L. Sutton, Dist. Atty., Junction, for appellee.

Before CADENA, C.J., and REEVES and DIAL, JJ.

OPINION

REEVES, Justice.

Perry Smith was convicted for possessing more than four ounces but less than five pounds of marihuana. He was assessed ten years probation and a $5,000.00 fine.

The heart of this case is the constitutionality of using an arrest warrant as a pretext to conduct a warrantless search and seizure. The arresting officer suspected appellant was growing marihuana and entered his property under the guise of executing a valid arrest...

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