(DOWNLOAD) "State v. $217" by Texas Eleventh District Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. $217
- Author : Texas Eleventh District Court of Appeals
- Release Date : January 13, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This case involves the forfeiture of $217,590 allegedly derived from illegal drug trafficking. See Tex. Crim. Proc. Code art. 59.01-.08 (the "civil forfeiture statute"). We must decide whether the claimant, Henry Perez Olvera, voluntarily consented to the search that revealed the money and the evidence linking it to criminal activity. In doing so, we decide the standard appellate courts must apply in civil forfeiture proceedings to review a trial courts disposition of a motion to suppress evidence allegedly obtained as the result of an illegal search. We hold that whether a claimant voluntarily consented to a search is a mixed question of law and fact reviewable for an abuse of discretion. In applying this standard, we defer to the trial courts factual findings if they are supported by the evidence. But whether the trial court properly applied the law to the facts is a question of law for the appellate courts to decide.
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