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This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors.

Welch v State

September 18, 2002
No. 875-01
Concurring opinion by Judge Womack
Link to Majority opinion by Judge Keasler


IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 875-01

PHOEBE WELCH, Appellant

v.

THE STATE OF TEXAS

ON DISCRETIONARY REVIEW

FROM THE SEVENTH COURT OF APPEALS

CASTRO COUNTY

Womack, J., filed a concurring opinion.

I joint the Court’s opinion. I write only to point out that the trial court’s decision to admit the evidence was justified by other laws than the law of consent.

When the officer arrested the appellant, he could search the passenger compart ment of the vehicle and containers therein as an incident to the arrest. See New York v. Belton, 453 U.S. 454 (1981). This justified the search that led to the discovery of the marihuana and the methamphetamine.

Because the vehicle was used in the commission of possession of methamphet amine, a felony under Chapter 481 of the Health and Safety Code, it was contraband. See Code of Criminal Procedure article 59.01(2)(B)(i). It was, therefore, subject to seizure and forfeiture. See id., article 59.02(a). Specifically, it could be seized without warrant incident to a lawful search incident to arrest. See id., article 59.03(b)(4). The search of the truck-bed in which the larger quantity of controlled substance was found was justifi able as a search of the contraband vehicle.

The officer did more than the law required when he sought consent to search the bed of the truck. The evidence would have been admissible if he had not sought, or received, consent.

En banc.
Delivered September 18, 2002.
Publish.


This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors.

Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
Casenotes Listing Table of Recent Opinions
Send your comments or suggestions to fei@bakers-legal-pages.com
© 2002 Lang Baker