Legal Opinion · Concurrence

Thornton v. State

Court of Criminal Appeals of Texas

Decided February 11, 1970No. 42353Published

1ConcurrenceOnion, Judge

The most important question presented by this appeal is the permissible extent or scope of a search incident to a lawful arrest based on probable cause, there being neither an arrest nor search warrant and the lengthening shadows cast upon such permissible scope by the decision in Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.

Overruling Harris v. United States, 331 U.S. 145, 67 S.Ct. 1098, 91 L.Ed. 1399 and United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653, the United States Supreme Court in Chimel held that since the search of Chimel’s home went far…

2Cases cited45 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Carroll v. United StatesSupreme Court of the United States · 1925
  4. Chimel v. CaliforniaSupreme Court of the United States · 1969
  5. Stovall v. DennoSupreme Court of the United States · 1967

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