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State v. Powell

The trial court did not err by granting Robert Leahy Powell's motion to suppress, because the trial court could have properly found that the state did not prove that the "plain view" exception applied to the seizure of the safes. Fort Worth Court of Appeals, No. 2-05-477-CR.

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OPINION

The State appeals from the trial court’s grant of Appellee Robert Leahy Powell’s motion to suppress. In four points, the State argues that the trial court erred by granting the motion because (1) the detective’s affidavit set forth sufficient circumstances from which the magistrate could find probable cause to issue the search warrant; (2) the trial court failed to give great deference to the magistrate’s determination of probable cause; (3) the police officers did not exceed the scope of the search warrant; and (4) the police officers were not required to obtain an additional search warrant before opening the two safes that they seized from the premises to be searched, took with them to the police station, and opened the following day. Because the trial court did not err by granting Powell’s motion to suppress, we affirm the trial court’s suppression order.

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