Opinion

Stephen v. State

  • 677 S.W.2d 42
  • 1984 Tex. Crim. App. LEXIS 736
Court
Court of Criminal Appeals of Texas
Filed
Sep 19, 1984
Status
Published
Author
Miller
On the bench
McCormick, Clinton, Teague, Miller
Cited by
53 cases
Authority
More cited than 13.2%

holding that officer properly impounded car where driver had been arrested and “the only alternative available was to let appellant’s passenger take possession of the car,” but the passenger was unable to produce a driver’s license

How later courts described this case

  • holding that officer properly impounded car where driver had been arrested and “the only alternative available was to let appellant’s passenger take possession of the car,” but the passenger was unable to produce a driver’s license
  • noting that the State may satisfy its burden to establish a valid inventory search “through the testimony of the officers that an inventory policy existed and that the policy was followed” and that “[t]here was no need to introduce into evidence a written inventory”
  • stating that there was no need to introduce into evidence a written inventory where officers testified that an inventory policy existed and that policy was followed
  • stating the police should respect a prisoner=s wish to leave his car with a companion who had a valid driver=s license

Written by the judges who cited it.

Distinguished

  • Distinguished by Autran v. State, 1992 Tex. App. LEXIS 1585 (1992)

    In Kelley v. State, 677 S.W.2d 34 (Tex.Crim.App.1984), the Court held in language almost identical to that in Stephen, that Gill was factually distinguishable from the case in which the officer had obtained possession and control of the keys to the trunk of an automobile.
    Texas Court of Appeals, 9th District (Beaumont)May 21, 1992Read it

The opinion

MILLER, Judge,

dissenting.

I dissent for the reasons given in my dissent to Kelley v. State, 677 S.W.2d 34 (Tex.Cr.App. delivered this day).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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