Guillett v. State

I am compelled to dissent because the majority opinion implicitly puts its seal of approval on a legal concept that is alien to me: that probable cause to arrest the driver of a motor vehicle will justify a warrant-*50less search of a locked glove compartment of the vehicle as an incident to the arrest.

The First Court of Appeals at Houston ordered appellant’s conviction reversed after it expressly and correctly found that the trial court erred in overruling appellant’s motion to suppress. Guillett v. State, 651 S.W.2d 902 (Tex.App.—Houston [1st] 1983). Justice Levy, who authored the unanimous…