Boone v. State

In Boone v. State 735 S.W.2d 306 (Tex. App. -- Dallas 1987, no pet.), two police officers were on routine patrol when the defendant flagged them down. She appeared injured and intoxicated, and asked the officers to take her to the hospital. She was carrying a bulky purse, so before allowing her into the squad car, the officers asked her consent to search the purse for their own safety.She agreed. The court of appeals found no Texas authority on whether officers transporting a person in distress may condition that transportation upon the person's first consenting to a weapons frisk. Id. at 308. In California v. Scott 16 Cal. 3d 242, 128 Cal. Rptr. 39, 546 P.2d 327 (1976), the California court found a pat-down search permissible if the officer informs the individual that he has the right to refuse to get into the car, but if he does get in, he will be subject to a pat-down search for weapons. Based on Scott, the court of appeals in Boone found the search of the defendant's purse permissible because she was informed that if she got into the patrol car, she would be subjected to the search, and she consented to the search. Ibid.