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to support the judgment of official oppression Although Ross raises several arguments to
because the district court’s Order in Aid of support her petition, we will focus on the argument
Investigation did not authorize the search of the that the State’s evidence was insufficient to prove
kitchen. The court of appeals concluded that, beyond a reasonable doubt that Ross knew her
once Ross entered the home and determined that conduct was unlawful.
the child was not there, the search of the kitchen
To support the allegation that Ross knew her
was outside the scope of what was authorized by
conduct was unlawful the State presented the
the court order, making the search “unlawful.”
following evidence: (1) testimony and exhibits
After addressing Ross’s other points of error, the
reflecting the training Ross received regarding the
court of appeals upheld her conviction for
Fourth Amendment, (2) the journal and calendar
official oppression. We granted review to
found in the bedroom indicating that the baby had
address whether the court of appeals erred by
been born in there, and (3) testimony by Francis
holding that the evidence was legally sufficient
that Ross stated that she was searching the kitchen
to prove that Ross knew her search was
to find evidence of drug use. Under these facts, we
unlawful.
hold that this evidence was insufficient to prove
When reviewing a legal sufficiency challenge, beyond a reasonable doubt that Ross knew that her
we view all of the evidence in the light most conduct was unlawful.
favorable to the verdict to determine whether
The court order obtained by Ross allowed her to
“any rational trier of fact could have found the
enlist the help of law enforcement to enter the
essential elements of the crime beyond a
home and locate the child “by any means
reasonable doubt.” The key question in this case
necessary.” It allowed her to search “the premises”
is whether the evidence presented supports the
to locate the newborn child and observe “where
conclusion that Ross committed every essential
the alleged abuse or neglect occurred.” When Ross
element of the crime of official oppression.

56 www.texaspoliceassociation.com • 866-997-8282 Texas Police Journal