NCJ Number
93696
Date Published
1970
Length
130 pages
Annotation
This review uses case examples to help law enforcement officers in Texas understand principles governing search of automobiles, so that cases are not lost because an officer fails to adhere to proper constitutional and statutory safeguards.
Abstract
An overview of search and seizure laws contains the fourth amendment and provisions of the Texas Constitution and Code relating to evidence produced by searches. This section also discusses probable cause, the affidavit, items and persons which may be seized, and when search without a warrant is lawful. A general discussion of vehicle searches focuses on the leading automobile search case, Carroll v. United States. Subsequent sections address specific types of automobile searches, giving general rules and then demonstrating their application in actual cases. The following situations are covered: search based on probable cause; search incident to arrest, including traffic offenses, driving while intoxicated, and narcotics offenses; articles in open view in automobile; and permission to search automobile, voluntarily revealed incriminating evidence, and misplaced confidence. Other situations are search remote to arrest, search connected with traffic investigation, use of search warrant to search automobiles, search of stolen automobiles, and search after forfeiture. A case index, five references, relevant Texas statutes, legal forms, and an index are supplied.