Texas v. White

Supreme Court

Texas v. White

423 U.S. 67, 96 S. Ct. 304, 46 L. Ed. 2d 209, 1975 U.S. LEXIS 98

CourtSupreme Court of the United States

DecidedDecember 1, 1975

Docket75-124

StatusPublished

Cited by408 cases

This text of 423 U.S. 67 (Texas v. White) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Texas v. White, 423 U.S. 67, 96 S. Ct. 304, 46 L. Ed. 2d 209, 1975 U.S. LEXIS 98 (1975).

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Per Curiam.

Respondent was arrested at 1:30 p. m. by Amarillo, Tex., police officers while attempting to pass fraudulent checks at a drive-in window of the First National Bank of Amarillo. Only 10 minutes earlier, the officers had been informed by another bank that a man answering respondent’s description and driving an automobile exactly matching that of respondent had tried to negotiate four checks drawn on a nonexistent account. Upon arrival at the First National Bank pursuant to a telephone call from that bank, the officers obtained from the drive-in teller other checks that respondent had attempted to pass there. The officers directed respondent to park his automobile at the curb. While parking the car, respondent was observed by a bank employee and one of the officers attempting to “stuff” something between the seats. Respondent was arrested and one officer drove him to the station house while the other drove respondent’s car there. At the station house, the [68]*68officers questioned respondent for 30 to 45 minutes and, pursuant to their normal procedure, requested consent to search the automobile. Respondent refused to consent to the search. The officers then proceeded to search the automobile anyway. During the search, an officer discovered four wrinkled checks that corresponded to those respondent had attempted to pass at the first bank. The trial judge, relying on Chambers v. Maroney, 399 U. S. 42 (1970), admitted over respondent’s objection the four checks seized during the search of respondent’s automobile at the station house. The judge expressly found probable cause both for the arrest and for the search of the vehicle, either at the scene or at the station house. Respondent was convicted after a jury trial of knowingly attempting to pass a forged instrument. The Texas Court of Criminal Appeals, in a 3-2 decision, reversed respondent’s conviction on the ground that the four wrinkled checks used in evidence were obtained without a warrant in violation of respondent’s Fourth Amendment rights. 521 S. W. 2d 255 (1975). We reverse.

In Chambers v. Maroney we held that police officers with probable cause to search an automobile at the scene where it was stopped could constitutionally do so later at the station house without first obtaining a warrant. There, as here, “[t]he probable-cause factor” that developed at the scene “still obtained at the station house.” 399 U. S., at 52. The Court of Criminal Appeals erroneously excluded the evidence seized from the search at the station house in fight of the trial judge’s finding, undisturbed by the appellate court, that there was probable cause to search respondent’s car.

The petition for certiorari and the motion of respondent to proceed in forma pauperis are granted, the judgment of the Court of Criminal Appeals is reversed, and [69]*69the case is remanded to that court for further proceedings not inconsistent with this opinion.

It is so ordered.

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Per Curiam.

Respondent was arrested at 1:30 p. m. by Amarillo, Tex., police officers while attempting to pass fraudulent checks at a drive-in window of the First National Bank of Amarillo. Only 10 minutes earlier, the officers had been informed by another bank that a man answering respondent’s description and driving an automobile exactly matching that of respondent had tried to negotiate four checks drawn on a nonexistent account. Upon arrival at the First National Bank pursuant to a telephone call from that bank, the officers obtained from the drive-in teller other checks that respondent had attempted to pass there. The officers directed respondent to park his automobile at the curb. While parking the car, respondent was observed by a bank employee and one of the officers attempting to “stuff” something between the seats. Respondent was arrested and one officer drove him to the station house while the other drove respondent’s car there. At the station house, the [68]*68officers questioned respondent for 30 to 45 minutes and, pursuant to their normal procedure, requested consent to search the automobile. Respondent refused to consent to the search. The officers then proceeded to search the automobile anyway. During the search, an officer discovered four wrinkled checks that corresponded to those respondent had attempted to pass at the first bank. The trial judge, relying on Chambers v. Maroney, 399 U. S. 42 (1970), admitted over respondent’s objection the four checks seized during the search of respondent’s automobile at the station house. The judge expressly found probable cause both for the arrest and for the search of the vehicle, either at the scene or at the station house. Respondent was convicted after a jury trial of knowingly attempting to pass a forged instrument. The Texas Court of Criminal Appeals, in a 3-2 decision, reversed respondent’s conviction on the ground that the four wrinkled checks used in evidence were obtained without a warrant in violation of respondent’s Fourth Amendment rights. 521 S. W. 2d 255 (1975). We reverse.

In Chambers v. Maroney we held that police officers with probable cause to search an automobile at the scene where it was stopped could constitutionally do so later at the station house without first obtaining a warrant. There, as here, “[t]he probable-cause factor” that developed at the scene “still obtained at the station house.” 399 U. S., at 52. The Court of Criminal Appeals erroneously excluded the evidence seized from the search at the station house in fight of the trial judge’s finding, undisturbed by the appellate court, that there was probable cause to search respondent’s car.

The petition for certiorari and the motion of respondent to proceed in forma pauperis are granted, the judgment of the Court of Criminal Appeals is reversed, and [69]*69the case is remanded to that court for further proceedings not inconsistent with this opinion.

It is so ordered.

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423 U.S. 67, 96 S. Ct. 304, 46 L. Ed. 2d 209, 1975 U.S. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-v-white-scotus-1975.

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