this case just came out today, carol phillips v. state from the thirteenth court of appeals. it's a published opinion where the court held that a minor who enters a bar at the direction of TABC agents is criminally trespassing when the bar owner has posted signs excluding minors. thus, the officers' observations of the waitress selling alcohol to that minor are illegally obtained and are excluded. what do you guys think? i've had trouble pulling up the opinion, but i have a copy, if you want me to e-mail it to you. here's the web site.
I like the Presiding Judge Keller opinion, which continues to encourage us to argue that the word "obtained" in article 38.23 should have a very restrictive meaning.
