Limon v. State
2011 Tex. Crim. App. LEXIS 830
| Tex. Crim. App. | 2011Background
- Detective Gus Perez investigated two shootings in Aransas Pass around 2:00 a.m. and learned of a green four-door car linked to the incident.
- Perez found a warm-hooded green Buick with a bullet hole and proceeded to the Limon residence with backup.
- A front door was opened by a boy later identified as A.S., who was 13 or 14 years old.
- Perez assumed A.S. was a resident since he opened the door and asked for consent to enter.
- A.S. admitted Perez and another officer, and the officers entered the residence, where marijuana odor was detected and evidence seized, leading to Limon’s arrest.
- The trial court denied the suppression motion; the Court of Appeals reversed; the State sought review on whether a teen’s apparent authority can justify entry without further inquiry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is police belief of authority reasonable for a door-opening responder at night | Limon: no authority; require inquiry | State: belief reasonable under facts | Apparent authority for teen; not per se disallowed |
| Can a teenager have apparent authority to consent to entry | Limon: minor lacks authority | State: teen may have apparent authority | Yes, under reasonable belief given circumstances |
| Does Rodriguez require verifying authority when authority is ambiguous | Limon: must verify authority | State: ambiguity not require inquiry here | Ambiguity not required to investigate; no further inquiry mandated |
Key Cases Cited
- Illinois v. Rodriguez, 497 U.S. 177 (1990) (question of authority; requires reasonable basis for belief in consent authority)
- United States v. Matlock, 415 U.S. 164 (1974) (standard for third-party consent authority)
- Georgia v. Randolph, 547 U.S. 103 (2006) (apparent authority and consent under social expectations)
- Watts v. Indiana, 338 U.S. 49 (1949) (dissenting view on authority of minors)
- Valtierra v. State, 310 S.W.3d 442 (Tex.Cr.App.2010) (Texas case on consent and authority)
- Hubert v. State, 312 S.W.3d 554 (Tex.Cr.App.2010) (burden and standard for consent)