Barrett v. State

In Barrett v. State, 718 S.W.2d 888, 891 (Tex. App.--Beaumont 1986, pet. ref'd), the defendant was alone in his car when he was arrested for several offenses, including driving with a suspended license. Id. Because the defendant was arrested for driving without a license, he could not lawfully assume control of his vehicle, even if he posted bond and was released. Id. Furthermore, the defendant was arrested at night, at a time when leaving his car on the side of the highway would make it most vulnerable to damage, vandalism, or theft. Id. The officer also saw that there were articles of clothing and papers in the vehicle, which further supported his decision to protect the vehicle. Id. The court of appeals expressly noted that "the officers had no duty to attempt to contact a member of the appellant's family before they assumed control over the vehicle." Id.