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 held that a passenger’s consent to search a vehicle is valid even though the owner refused consent, because the passenger had joint access and control and the owner assumed the risk; therefore the search was lawful and the conviction was affirmed. Justice WOMACK, in a concurring opinion, noted that the search was also justified as incident to arrest.