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 held that the automobile search was conducted without probable cause, was not incident to a lawful arrest, and did not qualify for the plain view doctrine, thus the evidence was inadmissible and the trial court erred in revoking probation. The judgment was reversed and the case remanded. Two dissenting opinions argued that the search was lawful and that the waiver doctrine applied, urging affirmation of the revocation.