Court of Criminal Appeals of Texas

Rusty Leon Osban, Appellant v. the State of Texas, Appellee

September 17, 19861986 Tex. Crim. App. LEXIS 819

Summary

The Court reversed the Dallas Court of Appeals, holding that the warrantless search of the locked trunk was justified by probable cause and that the inventory search was lawful, thus the evidence was admissible and the conviction stands. The Court also remanded for the Court of Appeals to consider all evidence in determining sufficiency. The dissenting opinions argue that the search was unlawful and that the majority improperly overruled Gill.