Glen Branch v. State Texas

On original submission, a panel opinion overruled appellants contention that heroin seized from his vehicle following a legitimate traffic stop was the product of an illegal search and hence inadmissible. The panel viewed the search of the vehicle as one made incident to a lawful arrest and cited Taylor v. State, 421 S.W.2d 403 (Tex.Cr.App.1967) and Imhoff v. State, 494 S.W.2d 919 (Tex.Cr.App.1973) in support. In his motion for rehearing appellant stoutly contends that the search was not incident to arrest, arguing: