Texas Wesleyan Law Review
Publication Date
10-1-1995
Document Type
Note
Abstract
In Autran v. State, the Texas Court of Criminal Appeals found "[t]he officers [sic] interest in the protection of appellant's property, as well as the protection of... the agency from claims of theft, can be satisfied by recording the existence of and describing and/or photographing the closed or locked container." Thus, Autran interpreted Article I, Section 9 of the Texas Constitution as requiring less intrusive means than the Fourth Amendment of the U.S. Constitution for conducting automobile inventory searches. This note examines the proper scope of an automobile inventory search as currently defined under federal and Texas law, and discusses Autran's failure to adhere to stare decisis' by unnecessarily overturning previously relied upon precedents.
DOI
10.37419/TWLR.V2.I2.6
First Page
375
Last Page
398
Recommended Citation
Austin T. Williams,
Stare Decisis and Autran v. State,
2
Tex. Wesleyan L. Rev.
375
(1995).
Available at:
https://doi.org/10.37419/TWLR.V2.I2.6