Thomas, Heather, 2013 Tex. Crim. App. LEXIS 1463

Appellant Heather Thomas stopped on I-40 for crossing fog line; canine unit later found 227 pounds marijuana in trunk.
Detention lasted about five minutes awaiting canine, objected to as illegally prolonged stop.
Appellant pled guilty non-negotiated, with judicial confession; trial court found sufficient for guilt and moved to punishment.
During punishment, State offered exhibits related to the suppression dispute; defense stated no objection to admission.
Trial court admitted the evidence and sentenced, then advised right to appeal; appellant filed notice of appeal.
Court of Appeals held the “no objection” admission waives the suppression issue; Texas Supreme Court reverses and remands.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a post-suppression “no objection” statement waives the pretrial motion to suppress	Thomas argued waiver was not intentional; record shows trial court understood appeal remained	State urged categorical waivers from “no objection”	Waiver not categorical; context-dependent review allowed

Bouyer v. State, 264 S.W.3d 265 (Tex. App.—San Antonio 2008) (suppress-improperly-entered evidence; unique record kept waiver from automatic waiver)
Shedden v. State, 268 S.W.3d 717 (Tex. App.—Corpus Christi 2008) (trial court representation preserved suppression issue; no strict waiver)
Willis v. State, 121 S.W.3d 400 (Tex. Crim. App. 2003) (boilerplate waiver; handwritten permission controls over earlier waiver)
Lankston v. State, 827 S.W.2d 907 (Tex. Crim. App. 1992) (language about specificity; flexible error preservation)
Zillender v. State, 557 S.W.2d 515 (Tex. Crim. App. 1977) (need for specific objections; when correct ground obvious no waiver)
Clark v. State, 365 S.W.3d 333 (Tex. Crim. App. 2012) (ground for exclusion obvious; no forfeiture from general objection)
Rosseau v. State, 396 S.W.3d 550 (Tex. Crim. App. 2013) (record-context approach to waiver versus error)