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necessary.” It allowed her to search “the premises”
to locate the newborn child and observe “where Given the amount of blood on the mattress and
the alleged abuse or neglect occurred.” When walls, the condition of the home, the information
Ross and the officers entered the home and went Ross had regarding the history of drug use, the
into the bedroom, they discovered a mattress lack of medical care to the child who was
soaked with blood and bodily fluid. There was evidently just recently born in the home, the prior
blood sprayed all over the walls. Even Hunt criminal and CPS history surrounding Hunt, and
admitted at trial that the room had so much blood, given the fact that there was no indication where
it looked “like somebody tried to kill somebody.” the baby might be and whether the baby was alive
or dead, it is possible that abuse and neglect took
The witnesses who testified that, based on their place throughout the entire home. Under these
training, they would not have searched the kitchen facts, we hold that no rational trier of fact could
area and cabinets, also admitted that they had not find the essential elements of the offense of
had a case like this one and that this was not a official oppression beyond a reasonable doubt,
typical case. The training materials on the Fourth because the State presented insufficient evidence
Amendment that were admitted during the trial that Ross knew, under these circumstances, that
did not address this type of fact situation. Even if her conduct was unlawful. We reverse the
the materials had addressed this situation, that judgment of the court of appeals against Ross and
information would not have been sufficient to render a judgment of acquittal.
demonstrate beyond a reasonable doubt that Ross Ross v. State, No. PD-0001-17, Tex. Ct. of Crim.
knew that her conduct was unlawful. Appeals, Mar. 18, 2018.
May/June 2020 www.texaspoliceassociation.com • (512) 458-3140 51
