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WELCH v. STATE

No. 875-01.

93 S.W.3d 50 (2002)

Phoebe WELCH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

September 18, 2002.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, for Appellant.

Eric Willard, Asst. Dist. Atty., Plainview, Matthew Paul, State's Atty., for State.

OPINION

KEASLER, J., delivered the unanimous opinion of the Court.

After pulling Phoebe Welch over for speeding, Officer Ronald Mann asked her permission to search her truck. While never explicitly refusing, she never consented. She was arrested on an outstanding warrant and requested that the car be turned over to her companion, a passenger in the truck. The passenger, Geneva "Ginger" Hirsch, subsequently consented to a search of the truck. We must...

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