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McCLINTOCK v. STATE

No. 01-11-00572-CR.

405 S.W.3d 277 (2013)

Bradley Ray McCLINTOCK, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

June 11, 2013.

Attorney(s) appearing for the Case

Norman J. Silverman , Law Offices of Norman J. Silverman, Houston, TX, for Appellant.

Mike Anderson , District Attorney-Harris County, Bridgett Holloway , Assistant District Attorney-Harris County, Houston, TX, for Appellee.

Panel consists of Justices KEYES, MASSENGALE, and BROWN.

OPINION

MICHAEL MASSENGALE, Justice.

The police seized marijuana from appellant Bradley McClintock's apartment. They did so pursuant to a search warrant obtained with evidence of a drug-detecting dog's sniff at McClintock's back door, conducted without a warrant. The United States Supreme Court has since held that a dog-sniff under these circumstances is a search within the meaning of the Fourth Amendment. Florida v. Jardines, ___ U.S. ___,

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