Barnett v. State (1990)
In Barnett v. State, 788 S.W.2d 572 (Tex. Crim. App. 1990), the police were executing a search at a residence pursuant to a search warrant authorizing a search of the residence and "premises (including all other structures, places, and vehicles on the premises)." Barnett, 788 S.W.2d at 575.
As they were searching the premises, Barnett, who was not the owner of or person in control of the premises but a mere visitor, drove up to the residence in his car. Id. at 573-74.
Barnett was arrested when drugs were found in a search of his vehicle. Id. Because the vehicle at issue arrived at the premises after the search had begun and did not belong to and was not within the control of the owner or occupant of the premises, the court found that the search of Barnett's vehicle exceeded the scope of the search warrant.
The court reasoned:
"In the present case, the object of the search was contraband allegedly possessed by Paula Byrd. A magistrate might have reasonably inferred from the affidavit that she may well keep the contraband on her own premises or within her own property, including her own car. But the affidavit gives no hint that her contraband might be found inside anyone else's vehicle." Id. at 576.