Texas v. White

423 U.S. 67 (1975)

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Nature of the Case

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Facts

White (D) was arrested while attempting to pass fraudulent checks at a drive-in window of a Bank. Only 10 minutes earlier, the officers had been informed by another bank that a man answering D's description and driving an automobile exactly matching that of D had tried to negotiate four checks drawn on a nonexistent account. Upon arrival at the Bank the officers obtained from the drive-in teller other checks that D had attempted to pass there. D was told to park his automobile at the curb. While parking the car, D was observed by a bank employee and one of the officers attempting to 'stuff' something between the seats. D was arrested, and one officer drove him to the station-house while the other drove D's car there. D was questioned for 30 to 45 minutes and, pursuant to their normal procedure, requested consent to search the automobile. D refused to consent to the search. They searched anyway. They discovered four wrinkled checks that corresponded to those D had attempted to pass at the first bank. The trial judge admitted the four checks seized during the search. The judge expressly found probable cause both for the arrest and for the search of the vehicle, either at the scene or at the station house. D was convicted after a jury trial of knowingly attempting to pass a forged instrument. The Texas Court of Criminal Appeals reversed the conviction on the ground that the four wrinkled checks used in evidence were obtained without a warrant in violation of respondent's Fourth Amendment rights. The Supreme Court granted certiorari.