Heitman v. State

836 S.W.2d 840, 1992 Tex. App. LEXIS 2433, 1992 WL 215506
CourtCourt of Appeals of Texas
DecidedSeptember 2, 1992
Docket2-85-035-CR
StatusPublished
Cited by12 cases

This text of 836 S.W.2d 840 (Heitman v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heitman v. State, 836 S.W.2d 840, 1992 Tex. App. LEXIS 2433, 1992 WL 215506 (Tex. Ct. App. 1992).

Opinions

OPINION

HILL, Justice.

William Randolph Heitman appealed from his conviction by the court upon his plea of nolo contendere to the charge of possession of methamphetamine with intent to deliver. His punishment was assessed at five years in the Texas Department of Corrections, now the Texas Department of Criminal Justice, Institutional Division, probated for five years. The legal history of this case was contained within our last opinion and need not be repeated here. See Heitman v. State, 776 S.W.2d 324 (Tex.App.—Fort Worth 1989), rev’d, 815 S.W.2d 681 (Tex.Crim.App.1991). Most recently, this court affirmed Heitman’s conviction upon rehearing, holding that an inventory search of a half-opened briefcase, found in Heitman’s automobile after it had been impounded following his arrest, did not violate his rights under either the Fourth Amendment of the United States Constitution or under article I, section 9 of the Texas Constitution.

In our last opinion we held that article I, section 9 of the Texas Constitution and the Fourth Amendment to the United States Constitution are the same in all material aspects, and construction of article I, section 9 should be in harmony with United States Supreme Court decisions concerning the Fourth Amendment, relying on the Texas Court of Criminal Appeals decision in Brown v. State, 657 S.W.2d 797 (Tex.Crim.App.1983). Upon Heitman’s petition for discretionary review, the Texas Court of Criminal Appeals departed from that tradition, holding that henceforth it would interpret article I, section 9 issues independently of Fourth Amendment analysis by the United States Supreme Court. This case was remanded so that we might make an independent analysis of Heitman’s claim that the inventory search of the briefcase violated his rights under article I, section 9 of the Texas Constitution.

Heitman’s sole point of error on remand, then, is that the police search of his briefcase violated his rights under article I, section 9 of the Texas Constitution.

We affirm, because we hold that the search of Heitman’s briefcase was a reasonable inventory search, not an unreasonable search prohibited by article I, section 9 of the Texas Constitution.

Article I, section 9 of the Texas Constitution provides:

The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.

TEX. CONST. art. I, sec. 9.

We first note that this constitutional provision protects the citizens of this state only from unreasonable searches and seizures. As noted in the interpretive commentary to the provision, “This section does not guarantee against all searches and seizures, but only where the acts of the government constitute an unreasonable search and seizure.” TEX. CONST. art. I, sec. 9, interp. commentary (Vernon 1984).

Our courts have long upheld reasonable inventory searches as not being made in violation of article I, section 9 of the Texas Constitution. See Evers v. State, 576 S.W.2d 46, 50 (Tex.Crim.App. [Panel Op.] 1978). In that case the court upheld an inventory search that uncovered a handgun in an unlocked briefcase against a claim [842]*842that the search violated the defendant’s rights under article I, section 9 of the Texas Constitution. Although the court in part relied upon the United States Supreme Court opinion in South Dakota v. Opperman, 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976), it also relied upon the court’s prior expression in Kolb v. State, 532 S.W.2d 87, 89 (Tex.Crim.App.1976) that the Fourth Amendment and article I, section 9 serve the same purpose: to safeguard the privacy and security of individuals against arbitrary invasion by governmental officials. The opinion also appears to be based upon the court’s independent recognition of the validity of the caretaking function of the inventory search. We recognize that a reasonable inventory search, taken in accordance with established police procedures, is not prohibited by article I, section 9 of the Texas Constitution.

Heitman urges that in this case the inventory was not reasonable because it extended to his locked briefcase. He further urges that the briefcase was opened for the sole purpose of investigation.

We will first address Heitman’s argument that the inventory search was not reasonable because it extended to his locked briefcase. Inventory procedures serve to protect an owner’s property while it is in the custody of the police, to insure against claims of lost, stolen, or vandalized property, and to guard the police from danger. Colorado v. Bertine, 479 U.S. 367, 372, 107 S.Ct. 738, 741, 93 L.Ed.2d 739, 746 (1987).

R.N. McMahen, a patrolman for the City of Addison, testified that the Addison Police Department inventories vehicles of arrested persons to protect the person driving and to protect the police officer and the department. Heitman makes no contention that an inventory search is for any other purpose than those listed or that any of those purposes is not a reasonable justification for such a search.

In determining whether the search of Heitman’s briefcase was a reasonable inventory search, it seems that the appropriate criteria would be to see if the search of that briefcase was reasonably necessary in view of the recognized purpose of an inventory search, and then weigh the “prophylactic purposes of the inventory search” against the owner’s expectation of privacy in the briefcase. See Gill v. State, 625 S.W.2d 307, 319 (Tex.Crim.App. [Panel Op.] 1981) (opinion on reh’g).

As was noted in the prior opinions, Heit-man’s briefcase was found in the passenger section of his automobile, after the vehicle was impounded following his arrest. One half of the briefcase was locked, the other half unlocked. It could be opened enough to remove papers without unlocking the side that was locked. It took officers approximately one minute to “jimmy” with the lock until the locked side was opened. There is no indication that the briefcase was damaged by the police.

As we have previously stated, the purpose of an inventory search is to determine if there is anything valuable or dangerous in property that is being impounded by the police. We hold that it was not unreasonable, therefore, for the police to open Heit-man’s briefcase to determine if there was anything of value in the briefcase, in case the contents of the briefcase or the briefcase itself were later missing, to prevent Heitman from claiming, at a later date, that there was something of value in the briefcase. We hold that the purpose of the inventory search outweighs any expectation of privacy Heitman might have had in his briefcase, one side of which was unlocked, and the other side of which was readily opened.

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Heitman v. State
836 S.W.2d 840 (Court of Appeals of Texas, 1992)

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Bluebook (online)
836 S.W.2d 840, 1992 Tex. App. LEXIS 2433, 1992 WL 215506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heitman-v-state-texapp-1992.