Texas v. Story

Appellee, Kimberly Story, was charged with forgery after police found forged checks in her car. The trial court, however, granted her motion to suppress the checks that were recovered from her vehicle, which was searched during the arrest of Appellee and her boyfriend, James Kuykendall, for unrelated offenses. The trial court determined that Appellee was arrested without probable cause and that the search of her vehicle and seizure of the evidence found there were the result of a trespass by the officer. The court of appeals affirmed, finding no abuse of discretion in the court’s conclusion that Appellee’s arrest was unlawful and the evidence inadmissible. Upon review, the Court of Criminal Appeals agreed with the court of appeals that the trial court did not abuse its discretion and affirmed its judgment. View "Texas v. Story" on Justia Law