OPINION ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW
MALONEY, Judge.
Appellee was indicted for possession of less than twenty-eight grams of cocaine. The trial court granted appellee's pre-trial motion to suppress on the grounds that the cocaine was seized in violation of Chapter 18 of the Texas Code of Criminal Procedure. The State appealed that ruling. The Fifth Court of Appeals reversed. State v. Toone,
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