# Autran v. State

> Court of Criminal Appeals of Texas · September 21, 1994 · 887 S.W.2d 31

URL: https://www.frixlaw.com/law-library/cases/9678344

## Case

- **Full name:** Jimmy Alfonso AUTRAN, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 21, 1994
- **Citations:** 887 S.W.2d 31; 1994 WL 511427
- **Precedential status:** Published
- **Opinion:** Concurrence by Maloney
- **Judges:** Baird, Campbell, Clinton, McCormick, Meyers, White
- **Cited by:** 92 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Declined to follow by Michael D. Starnes v. State (2004).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9678344

## How later opinions describe it (automated extraction)

- recognizing that the purpose of an inventory search is to protect the arrestee’s property while the arrestee is in police custody and to protect the arresting officers from harm and against claims over lost property
- holding that article I, section 9 of the Texas *631 Constitution provides greater protection than its federal counterpart
- holding that article I, section 9 of the Texas Constitution provides greater protection than its federal counterpart
- holding that police cannot rely upon inventory exception to conduct search of closed container
- holding article I, section 9 provides greater protection than the Fourth Amendment in the context of inventory searches

## Opinion text

*43 MALONEY, Judge,
concurring.
Believing that existing United States Supreme Court precedent makes clear that the Fourth Amendment was violated in this case, Florida v. Wells, 495 U.S. 1 , 110 S.Ct. 1632 , 109 L.Ed.2d 1 (1990) and that we need not address the Texas Constitutional issue, I concur in the result.
MEYERS, J., joins this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9678344. Public record. Not legal advice.