Texas-Book-Gun Law Armed And Educated - Flipbook - Page 61
officer must have probable cause that contraband or evidence of a
crime is specifically contained within these areas of your vehicle
to justify a warrantless search. This makes some sense, because
searching these areas is more intrusive and damaging to your
personal property than searching the passenger compartment.
How does the law treat other modes of transportation? Boats and
planes are treated like motor vehicles, and warrantless searches are
lawful based on probable cause. RVs and houseboats, however, are a
different story—if the RV or houseboat is stationary and being used
as a home at the time law enforcement wishes to conduct a search,
they must seek a warrant. If the RV or houseboat is traveling, it is
likely subject to a warrantless search.
B. Plain view in a motor vehicle
Just like an officer may seize contraband and evidence of a crime
in plain view from your home and/or person (described in detail
above), they may seize these items if they are in plain view in your
vehicle. So, if you leave your unholstered handgun lying out in
plain view on your dashboard, an officer can seize it as evidence and
arrest you for unlawfully carrying a firearm—no warrants required.
C. Search incident to arrest
Regardless of what the arrest was for, there is an exception to the
warrant requirement that permits an officer to perform a warrantless
search during or immediately after a lawful arrest. The exception is
limited to the person arrested and the area immediately surrounding
the person in which the person may gain possession of a weapon, in
some way effect an escape, or destroy or hide evidence.
50 | CHAPTER FOUR
