State v. Chavarria

In State v. Chavarria, 992 S.W.2d 22, 25 (Tex. App.--Houston [1st Dist.] 1997, pet. ref'd) the Court upheld the granting of a motion to suppress because the police searched a dwelling in a duplex when the officers, on arriving at the scene, knew that there were discrepancies between the warrant and the dwelling. The Court held that the possibility of invasion of an innocent third party's privacy was too great to validate the search and that the discrepancies should have been investigated before the search. Id.