Benavides v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that an inventory search is only constitutionally permissible if it is conducted pursuant to a lawful impoundment
• explaining that an automobile may be impounded where driver is placed under arrest and “no other alternatives are available other than impoundment to insure the protection of the vehicle”
• listing several justifications for lawful vehicle impoundment, such as when there is “some reasonable connection between the arrest and the vehicle”
• explaining an automobile may be validly impounded and inventoried if “the driver is removed from his automobile and placed under custodial arrest and no other alternatives are available other than impoundment to insure the protection of the vehicle”
• requiring a lawful impoundment for a lawful inventory search and stating that such a seizure is authorized when there is evidence “that the car was impeding the flow of traffic or that it was a danger to public safety.”
• requiring a lawful impoundment for a lawful inventory search and stating that such a seizure is authorized when there is evidence “that the car was impeding the flow of traffic or that it was a danger to public safety.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

130 cases in this archive cite this case; the 20 most cited are listed.

• Leday v. State
  Court of Criminal Appeals of Texas· 1998-12-16· cited 1,256×
• O'HARA v. State
  Court of Criminal Appeals of Texas· 2000-09-20· cited 234×
• Gauldin v. State
  Court of Criminal Appeals of Texas· 1984-09-26· cited 138×
• Daniels v. State
  Court of Criminal Appeals of Texas· 1980-05-14· cited 128×
• Delgado v. State
  Court of Criminal Appeals of Texas· 1986-09-24· cited 122×
• Autran v. State
  Court of Criminal Appeals of Texas· 1994-09-21· cited 118×
• Ward v. State
  Court of Criminal Appeals of Texas· 1983-09-14· cited 69×
• Sherlock v. State
  Court of Criminal Appeals of Texas· 1982-05-12· cited 65×
• Stephen v. State
  Court of Criminal Appeals of Texas· 1984-09-19· cited 64×
• Garza v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2004-05-27· cited 63×
• Gill v. State
  Court of Criminal Appeals of Texas· 1981-12-23· cited 63×
• Mayberry v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1992-03-31· cited 54×
• Bush v. State
  Court of Criminal Appeals of Texas· 1985-07-24· cited 44×
• State v. Callaway
  Wisconsin Supreme Court· 1982-03-26· cited 41×
• Smyth v. State
  Court of Criminal Appeals of Texas· 1982-06-23· cited 39×
• Moskey v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2010-11-10· cited 39×
• Williams v. State
  Court of Criminal Appeals of Texas· 1981-09-23· cited 39×
• Murdock v. State
  Court of Appeals of Texas· 1992-08-04· cited 38×
• Sweeten v. State
  Court of Criminal Appeals of Texas· 1985-07-17· cited 34×
• Commonwealth v. Brinson
  Massachusetts Supreme Judicial Court· 2003-12-30· cited 34×

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

• Coolidge v. New Hampshire
  Supreme Court· 1971-06-21· cited 9,038×
• South Dakota v. Opperman
  Supreme Court· 1976-07-06· cited 3,445×
• Cady v. Dombrowski
  Supreme Court· 1973-06-21· cited 2,465×
• Evers v. State
  Court of Criminal Appeals of Texas· 1978-11-15· cited 132×
• Nicholas v. State
  Court of Criminal Appeals of Texas· 1973-09-25· cited 130×
• Daniels v. State
  Court of Criminal Appeals of Texas· 1980-05-14· cited 128×
• Thomas v. State
  Court of Criminal Appeals of Texas· 1976-03-10· cited 106×
• State v. Slockbower
  Supreme Court of New Jersey· 1979-01-12· cited 90×
• State v. Singleton
  Court of Appeals of Washington· 1973-07-16· cited 70×
• Creel v. State
  Court of Criminal Appeals of Texas· 1973-04-18· cited 68×
• Ex Parte Cain
  Court of Criminal Appeals of Texas· 1980-01-23· cited 56×
• State v. Goodrich
  Supreme Court of Minnesota· 1977-07-15· cited 51×
• Drinkard v. State
  Tennessee Supreme Court· 1979-07-30· cited 48×
• Wagner v. Commonwealth
  Kentucky Supreme Court· 1979-05-01· cited 43×
• Schwasta v. United States
  District of Columbia Court of Appeals· 1978-10-23· cited 27×
• Dunkum v. State
  Court of Appeals of Georgia· 1976-04-05· cited 25×
• Griffin v. State
  Indiana Court of Appeals· 1978-02-15· cited 21×
• Nolan v. State
  Court of Criminal Appeals of Tennessee· 1979-03-29· cited 16×
• United States v. Louis C. Morrow
  Seventh Circuit· 1976-09-23· cited 11×
• State v. White
  Supreme Judicial Court of Maine· 1978-06-02· cited 8×