George James Santikos, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals affirmed the Court of Appeals' judgment, holding that the administrative search provision of Section 101.04 of the Texas Alcoholic Beverage Code was not unconstitutionally applied to the appellant because the inspection occurred during regular business hours, satisfying the Burger criteria. The Court declined to address the facial validity of the statute, finding no standing to challenge it. Justice Clinton dissented, arguing that the majority failed to show the statute meets the Burger requirements and should be held facially unconstitutional.