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Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
St. Mary's Law Journal
In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …