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Newhouse v. State

A protective sweep constituted an unreasonable search because the officer did not express a single articulable fact necessitating a protective sweep.

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OPINION

Following the trial court’s denial of his written motion to suppress, Manuel Wayne Newhouse, appellant, pleaded guilty to possession of a controlled substance and felon in possession of a firearm. In accordance with a plea bargain agreement, the trial court sentenced appellant to prison for 20 years for the possession charge and 25 years for the firearms charge. In his motion to suppress, appellant moved to suppress all of the evidence, including the weapon, drug paraphernalia, and cocaine obtained when a police officer entered appellant’s motel room without a warrant or consent and prior to any arrest. We reverse and remand.

In his first two points of error, appellant claims the trial court erred in denying his motion to suppress because the police officers conducted an unlawful detention and an unlawful search. In his final point, he claims the trial court considered inadmissible evidence at the hearing on the motion to suppress.

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