Heriberto Valtierra v. The State of Texas--Appeal from 216th Judicial District Court of Kendall County

State: Texas

Court: Texas Northern District Court

Docket No: 04-08-00239-CR

Case Date: 11/17/2010

Plaintiff: Heriberto Valtierra

Defendant: The State of Texas--Appeal from 216th Judicial District Court of Kendall County

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OPINION
Nos. 04-08-00238-CR & 04-08-00239-CR

Heriberto Arias VALTIERRA,
Appellant

v
.
TheSTATE of Texas,

Appellee
From the 216th Judicial District Court, Kendall County, Texas
Trial Court No. 4613
Honorable Stephen B. Ables, Judge Presiding

Opinion by: Marialyn Barnard, Justice
Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice
Delivered and Filed: May 27, 2009 REVERSED AND REMANDED
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.
BACKGROUND
Officers Pedro Moncada and John Rutledge received information from Officer Steve Perez that a thirteen-year-old female runaway was living at an apartment in Boerne, Texas. Officer Moncada informed Officers Rutledge and Perez that he recalled seeing a young female named Erica at that apartment when he had contacted two male subjects in that apartment the prior week. Based on the information, Officers Moncada and Rutledge went to the apartment to conduct a

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