Court of Criminal Appeals of Texas

William Oliver Nicholas, Appellant v. the State of Texas, Appellee

September 25, 19731973 Tex. Crim. App. LEXIS 1917

Summary

The Court reversed the rape conviction because the warrantless seizure of photographic negatives was not justified as a search incident to arrest nor under the plain view doctrine, and the evidence was therefore inadmissible. The Court also held that the appellant did not waive his Fourth Amendment objection by later using exhibits, and overruled the State's motion for rehearing.