Court of Criminal Appeals of Texas

Yancy Leroy Britton, Appellant v. the State of Texas, Appellee

March 21, 1979578 S.W.2d 685

Summary

The Court held that the officer lacked probable cause to arrest the appellant for public intoxication and therefore the pat‑down frisk was not justified as a search incident to a lawful arrest; the heroin evidence was suppressed, the conviction reversed, and the case remanded. Three dissenting judges argued that probable cause existed and the conviction should be affirmed.