Johnson v. State (2002)

In Johnson v. State, 68 S.W.3d 644, 653 (Tex. Crim. App. 2002) the court held that police officer's failure to inform accused that he can refuse consent does not automatically render accused's consent involuntary, but is a factor to consider. Nor is consent rendered involuntary merely because the accused is under arrest, at least when the officers' guns are not drawn. Id. In Johnson, the Court held the defendant's consent to search was voluntary even though the defendant was handcuffed and arrested, no Miranda warnings were given, and no consent to search form was signed, because the officers' guns were not drawn, the officers were in appellant's house pursuant to a valid arrest warrant, and the initial protective sweep was legal. Id. at 653-654.