Carroll v. State (1995)

In Carroll v. State, 911 S.W.2d 210 (Tex. App.--Austin 1995, no pet.), a rancher went onto neighboring property belonging to the defendant to recover some stray sheep. See Carroll, 911 S.W.2d at 215. While there, he saw marihuana plants growing. See id. The rancher went to the police who, based on his information, obtained a search warrant. See id. at 216. The defendant sought to suppress the evidence seized during the execution of the warrant on the ground that the rancher was trespassing when he saw the marihuana. The Court concluded that the rancher did not "obtain" evidence within the meaning of article 38.23(a) by observing the the marihuana plants while on the defendant's property. See Carroll, 911 S.W.2d at 220-21.