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Limon v. State

Defendant was convicted of the offense of deadly conduct and sentenced to three years' imprisonment. On appeal he challenged the trial court's denial of his pretrial motion to suppress evidence, and the court of appeals reversed. Police gained entry to defendant's residence while investigating a report of "shots fired" at night. A.S., who was 13 or 14 years old, allowed the officers into the residence. The court of appeals erred in finding that A.S. did not have apparent authority to consent to entry. The court of appeals' judgment is reversed and rendered. Court of Criminal Appeals, No. PD-1320-10, 06-15-2011.

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Womack, J., delivered the opinion of the Court, in which Keller, P.J., and Price, Johnson, Keasler, Hervey, Cochran, and Alcala, JJ., joined. Meyers, J., filed a dissenting opinion.

The appellant, Dennis Wayne Limon, Jr., was convicted of the offense of deadly conduct and sentenced to three years’ imprisonment. On appeal he challenged the trial court’s denial of his pretrial motion to suppress evidence, and the Thirteenth Court of Appeals reversed.*fn1 We granted the State’s petition to review to the following issues: (1) Is it reasonable for police to believe that a person who answers the door of a residence in the middle of the night has authority to invite police to enter, or must police inquire as to that person’s authority? (2) Does a teenager lack authority to invite officers inside a residence simply because he is a minor? (3) Does Illinois v. Rodriguez*fn2 require officers to make further inquiry when they are faced with ambiguity regarding the authority of a third party to consent to an entry or search?*fn3

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