Court of Criminal Appeals of Texas
The State of Texas, Appellant v. Gabino Puente Ibarra, Appellee
September 10, 19971997 Tex. Crim. App. LEXIS 58
Summary
The Court affirmed that under the Texas Constitution the State must prove the voluntariness of a consent to search by clear and convincing evidence, rejecting the State's argument that a preponderance of the evidence standard suffices. The decision notes that Texas interprets its constitution independently of federal precedent and maintains the higher burden to protect constitutional rights.