Villarreal v. State

I respectfully dissent. The threshold question as to the validity of the search of appellant’s vehicle is whether the State met its burden to prove beyond a reasonable doubt that the impoundment of the vehicle was lawful. Ward v. State, 659 S.W.2d 643 (Tex.Crim.App.1983)(en banc); Benavides v. State, 600 S.W.2d 809 (Tex.Crim.*306App.1980); Daniels v. State, 600 S.W.2d 813 (Tex.Crim.App.1980). Both the Fourth Amendment to the U.S. Constitution and Art. 1, § 9 of the Texas Constitution provide that people shall be secure in their persons and possessions against unreasonable searches and seizures.

Ben…