Valtierra v. State

The appeals stem from the denial of a motion to suppress challenging evidence seized after officers entered and searched an apartment. In four issues on appeal, Heriberto Valtierra contends the trial court erred in denying his motion to suppress because: (1) the officers did not have consent to enter the apartment, proceed down the hallway toward the bathroom, or search the apartment; (2) the officers did not have evidence to justify a protective sweep or evidence of exigent circumstances to conduct a warrantless search; (3) the evidence seized was not located in plain view; and (4) the subsequent search warrant lacked probable cause because it was based on a warrantless entry. We reverse the judgments of the trial court and remand the causes for further proceedings.