Texas Supreme Court

The State of Texas, Petitioner v. $217,590.00 in United States Currency, Respondent

May 25, 200018 S.W.3d 631

Summary

The Texas Supreme Court held that the voluntariness of consent to a search in a civil forfeiture case is a mixed question of law and fact reviewed for abuse of discretion, and affirmed the trial court’s finding of voluntary consent, reversing the Court of Appeals and remanding for further consideration of remaining issues. Justice Abbott, concurring, questioned whether the Court should have addressed the exclusionary rule at all.