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Gregg Carl Baird v. the State of Texas

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

OPINION

The appellant hired Dawn Killian to stay at his home and care for his dog while he was away on vacation. During her stay, Killian used the appellant’s computer in his master bedroom and found child pornography. At a pre-trial motion to suppress hearing, the appellant claimed that Killian’s access to his bedroom and computer was illegal; therefore, the State could not use the evidence against him at his trial, under Article 38.23(a) of the Texas Code of Criminal Procedure.*fn1 The trial court denied the motion to suppress, and the Tenth Court of Appeals affirmed.*fn2 We granted the appellant’s petition for discretionary review to examine this holding. We now affirm.

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