Court of Criminal Appeals of Texas
Phoebe Welch, Appellant v. the State of Texas
September 18, 20022002 Tex. Crim. App. LEXIS 167
Summary
The Court affirmed the conviction, holding that a passenger’s consent to search a vehicle is valid when the owner, having transferred control of the vehicle, assumed the risk that the passenger would consent, even though the owner had refused consent. The decision rests on the Matlock common‑authority test and affirms the lower court’s judgment.