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KEEHN v. STATE

No. PD-0002-08.

279 S.W.3d 330 (2009)

Darrell Jay KEEHN, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 25, 2009.

Attorney(s) appearing for the Case

Anthony C. Odiorne, Wichita Falls, for Appellant.

John R. Gillespie, Assistant Criminal District Atty., Wichita Falls, Jeffrey L. Van horn, State's Atty., Austin, for State.

OPINION

KEASLER, J., delivered the opinion of the Court in which KELLER, P.J., MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, and COCHRAN, JJ., joined.

After seeing a propane tank containing anhydrous ammonia in a van parked in Darrell Jay Keehn's driveway, law enforcement officials entered the van and seized the tank without a warrant. The court of appeals held that the seizure was lawful under the plain view exception or, alternatively, under the automobile...

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