Denetra Marie Harris v. State
468 S.W.3d 248
Tex. App.2015Background
- Harris was stopped at about 2:00 a.m. for a defective brake light; she admitted no license or insurance and officers smelled alcohol and marijuana.
- Her vehicle was towed and impounded; during an inventory/search of the vehicle, a bottle containing Xanax was found.
- Harris was arrested on outstanding warrants and charged with possession of a controlled substance.
- Harris moved to suppress the evidence, arguing the search was unlawful; the trial court denied suppression.
- The appellate issue centers on (a) legality of the search under Fourth Amendment, (b) probable cause, (c) validity of the inventory search, and (d) indigence and attorney-fees/appeal-bond conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vehicle search was lawful under the Fourth Amendment | Harris: warrantless search improper | State: search justified by probable cause and inventory | Search upheld; lawful under Fourth Amendment |
| Whether there was probable cause to search the vehicle | Harris argues lack of probable cause | Player smelled marijuana/alcohol and Harris admitted use, establishing probable cause | Probable cause established; search permissible under Ross/Gant line of authority |
| Whether the search was valid as an inventory search following impoundment | Inventory search not properly justified or policy followed | Inventory search conducted per TDPS policy after impoundment; no deviation shown | Inventory search valid; no Fourth Amendment violation |
| Whether Harris preserved and/or proved indigence and attorney-fee compliance for appeal bond | Challenge to costs and indigence status; third point waived but fourth point preserved for sufficiency review | Trial court properly found Harris capable of contributing; indigence challenge properly reviewed on sufficiency of evidence | Third point waived; evidentiary support for non-indigence affirmed; appeal bond conditions sustained |
Key Cases Cited
- Maryland v. Dyson, 527 U.S. 465 (U.S. Supreme Court 1999) (probable cause search-warrant exception applies to vehicle searches)
- Arizona v. Gant, 556 U.S. 332 (U.S. Supreme Court 2009) (limits search incident to arrest; allows searches of areas where evidence may be found with probable cause)
- Moulden v. State, 576 S.W.2d 817 (Tex. Crim. App. 1978) (probable cause to search a vehicle when evidence/instrumentality suspected)
- Parker v. State, 206 S.W.3d 593 (Tex. Crim. App. 2006) (odor of marijuana may provide probable cause to search a vehicle)
- Jordan v. State, 394 S.W.3d 58 (Tex. App.—Houston [1st Dist.] 2012) (odor of marijuana can establish probable cause to search vehicle/objects within)