Brithe Thompson v. State
408 S.W.3d 614
| Tex. App. | 2013Background
- Thompson was stopped on I-35 for speeding (84 mph in a 70 mph zone) by a Texas DPS trooper.
- Thompson was dressed in a bra and pants, appeared nervous, and provided inconsistent answers about her travel.
- The trooper sought Thompson's license, insurance, and trip purpose; Thompson admitted she had a license but not with her.
- The stop extended beyond the initial traffic-violation inquiry; the trooper invoked a K-9 unit to conduct a search-aimed investigation.
- Marijuana seeds and shake were found in Thompson’s car; a butterfly knife was recovered in a purse, leading to a charge for possession of a prohibited weapon.
- Thompson moved to suppress the evidence; the trial court denied the motion, and Thompson appealed challenging the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the detention was unreasonably extended | Thompson | Thompson | Detention unlawful; suppression reversed |
| Whether the knife qualifies as a deadly weapon under §46.01(7) | Thompson | Thompson | Sufficient evidence supports knife as capable of inflicting serious harm |
Key Cases Cited
- Kothe v. State, 152 S.W.3d 54 (Tex. Crim. App. 2004) (limits detention duration during traffic stops; reasonable suspicion required to extend detention)
- Davis v. State, 947 S.W.2d 240 (Tex. Crim. App. 1997) (searches extending beyond stop may violate Fourth Amendment if not reasonable in scope)
- Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001) (totality-of-the-circumstances for reasonable suspicion standard)
- Gurrola v. State, 877 S.W.2d 300 (Tex. Crim. App. 1994) (elements of reasonable suspicion and need for distinguishable suspicious conduct)
- Wardlow, 528 U.S. 119 (U.S. Supreme Court 2000) (reasonable suspicion requires objective justification, not just hunch)
- Illinois v. Wardlow, 528 U.S. 119 (U.S. Supreme Court 2000) (unanimous address on suspicion and flight; see above)
- Crockett v. State, 803 S.W.2d 308 (Tex. Crim. App. 1991) (attentive assessment of nervousness and attire in detentions)
- St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007) (nervousness alone not enough for suspicion)
- Robertson v. State, 163 S.W.3d 730 (Tex. Crim. App. 2005) (jury may examine weapon to assess its deadly nature; testimony not required)
- Estrada v. State, 334 S.W.3d 57 (Tex. App.—Dallas 2009) (analysis of knife evidence and deadly-weapon finding)