Court of Criminal Appeals of Texas

Paul Ray Thomas, Appellant v. the State of Texas, Appellee

March 10, 19761976 Tex. Crim. App. LEXIS 1210

Summary

The Court reversed the trial court's revocation of probation, holding that the automobile search was unlawful because it lacked probable cause, was not incident to arrest, and did not qualify for the plain view doctrine. The illegal search rendered the evidence inadmissible, so the revocation was reversed and the case remanded. The dissenting judges argued that the defendant’s admission waived any objection and that the arrest and search were lawful, and therefore the revocation should be affirmed.