Court of Criminal Appeals of Texas

Robert Allen Hulit, Appellant v. the State of Texas

December 16, 19981998 Tex. Crim. App. LEXIS 174

Summary

The Court affirmed the conviction, holding that Article I, Section 9 of the Texas Constitution does not require a warrant for a seizure and that the officer’s warrantless detention of the appellant while performing a community‑caretaking function was reasonable. The dissent argued that the Texas provision should be read to require at least the same protection as the Fourth Amendment, but the majority rejected that view.