STATE v. OWENS

No. 3-90-041-CR.

810 S.W.2d 874 (1991)

The STATE of Texas, Appellant, v. Julia OWENS, Appellee.

Court of Appeals of Texas, Austin.

June 12, 1991.


Attorney(s) appearing for the Case

Dayna Blazey Baird and Robert Smith, Asst. Dist. Attys., Austin, for appellant.

Bobby Taylor, Austin, for appellee.

Before CARROLL, C.J., and JONES and SMITH, JJ.


CARROLL, Chief Justice.

The State appeals the trial court's order suppressing evidence. See Tex.Code Cr.P. Ann. art. 44.01(5) (Supp.1991) (permitting State appeal). We affirm.

BACKGROUND

The issue in this case is whether an officer may frisk a person who is "merely present" during the execution of a search warrant.

The Austin Police Department obtained a warrant to search an Austin residence and to arrest two unnamed males who were...

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