Court of Criminal Appeals of Texas

Where individual hired by the defendant was driving truck, kept a driver's log book, had access to vehicle registration, and was able to access the tractor, trailer, and cargo without assistance or permission from the defendant, driver's consent to police search of trailer was valid under common authority and agency theories, and the defendant's presence, without more, did not serve to diminish driver's control over property searched.

Appellate Information

• Decided 04/17/2002
• Published 04/17/2002

Judges

• Before the court en banc.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Bruce W. Cobb, Beaumont, for appellant., Philip Babin, Assist. DA, Beaumont, for state.