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LANEY v. STATE

No. 1196-02.

117 S.W.3d 854 (2003)

Laurin Stuart LANEY, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

October 8, 2003.

Attorney(s) appearing for the Case

Douglas M. Durham, Houston, for Appellant.

Donald W. Rogers, Jr., Asst. DA, Houston, Matthew Paul, State's Attorney, Austin, for State.

Before the Court en banc.

OPINION

HERVEY, J., delivered the opinion of the Court in which KELLER, PJ., WOMACK, KEASLER, HOLCOMB, and COCHRAN, JJ., joined.

We granted discretionary review to determine whether the "community caretaking function" exception to the warrant requirement applies to the warrantless entry and search of a private residence. While this term has been used in various contexts, we take this opportunity to clarify its use and hold that, as part of the police...

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