Texas-Book-Gun Law Armed And Educated - Flipbook - Page 64
just the literal meaning of “a knowing choice.” The state must prove
that consent was voluntary by a clear and convincing evidence
standard, and the court will look to the totality of the circumstances
to make this determination. Reasor v. State, 12 S.W.3rd 813, 818
(Tex. Crim. App. 2000). If an officer demands to search your vehicle,
or else he is going to beat you to a bloody pulp, your consent is not
voluntary under Texas law.
Do people have the right to refuse consent? Yes! However, an
officer does not need to inform you of your right to refuse consent.
In fact, in Texas, an officer may gain consent to search your
vehicle by saying something to the effect of “I’m going to search
your vehicle now, okay?” If you agree, you have given voluntary
consent! How far does consent go? A person may limit the scope
of their consent, and anything found outside that scope will not be
admissible evidence. For example, if you grant an officer consent to
look in your glove compartment, he may not use that same consent
to conduct a search of your trunk.
V. OTHER SEARCH ISSUES
A. Inventory once in custody
No warrant is required to search an individual once they are in
custody and booked into jail. Personal possessions are accounted
for and logged into police custody. Depending on the officers and
the offense you are suspected of committing, this search can be very
invasive. Unfortunately, once you are in custody, there is no more
permission needed for an officer to bring out the rubber gloves.
B. GPS tracking
The U.S. Supreme Court decision of U.S. v. Jones, 565 U.S. 400
(2012), determined that the installation and tracking of a GPS
Know Your Rights: Part III | 53
