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.

phillips opinion

the case is carol b. phillips v. state of texas, cause number 13-00-00651-CR. thirteenth court of appeals, decided, April 24, 2003.

I hope this doesn't stand.

Can you email a copy? gordonl602@yahoo.com

Thanks

OK, without time to read the opinion, did they address whether a TABC officer could be reasonably excluded at any point. Can't you deputize the minor?

The CCA reversed the 13th COA today, 4/27/05

CCA majority opinion Phillips v. State

I knew you could do it.
doug

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.

We did argue that the evidence didn't exist prior to alleged illegality, but they didn't take pdr on it.