Brence J. Walker v. State, 02-14-00493-CR

Walker was convicted of possession of a firearm by a felon in the 396th District Court of Tarrant County, Texas, and sentenced to 32 years; a habitual offender finding was true.
Appellant challenged the admissibility of evidence from a vehicle search conducted after impoundment.
The police impounded the Chevrolet Impala at a Chevron station; the arrest occurred inside the station, not from within the Impala.
An inventory search of the impounded car uncovered a firearm found in a black bag.
Officer Evans admitted not following Fort Worth Police Department impoundment policies, and no valid impoundment basis was shown.
Appellant’s brief argues the suppression error led to an unlawful conviction and requests reversal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Suppression of evidence seized from his person violations Texas Constitution Articles I 9, 10, 19	Walker contends the stop/search violated constitutional rights	State argues valid impoundment and inventory procedures	Trial court erred; suppression warranted and conviction reversed
Suppression under Texas Code Crim Proc Article 38.23	Suppression should have been granted under 38.23	State asserts admissibility under policy framework	Error; suppression required and conviction reversed
Suppression under Texas Code Crim Proc Article 18.22	Evidence obtained unlawfully should be excluded	State maintains evidence lawfulness	Error; suppression required and conviction reversed
Fourth, Fifth, and Fourteenth Amendment suppression error	Constitutional rights were violated by improper search and seizure	State claims otherwise based on impoundment policy	IV,V,VI amendments violations; conviction reversed and remand or new trial likely warranted

Carmouche v. State, 10 S.W.3d 323 (Tex. Crim. App. 2000) (standard for reviewing suppression rulings; abuse of discretion when necessary to suppress)
Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (reliable framework for Fourth Amendment searches and seizures)
Garza v. State, 137 S.W.3d 878 (Tex. App.–Houston [1st Dist.] 2004) (burden on State to prove lawful impoundment and inventory search)
Colorado v. Bertine, 479 U.S. 367 (U.S. S. Ct. 1987) (permits inventory searches under lawful impoundment)
Opperman v. South Dakota, 428 U.S. 364 (U.S. S. Ct. 1976) (inventories serve protective purposes and require lawful impoundment)
Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (applies Texas law on suppression and evidentiary standards)