349 S.W.3d 188
Tex. App.2011Background
- Harper pled guilty to possession of marijuana (five pounds or less but more than four ounces) and was sentenced to fifteen months under a plea agreement.
- Harper moved to suppress all pre-arrest evidence contending the stop and search were unlawful as warrantless.
- Corporal Bouse stopped a vehicle for a defective brake light; driver’s license was suspended/expired.
- odor of alcohol was detected from the vehicle; driver denied open containers or contraband; Harper admitted five beers and an open container beside his seat.
- Bouse performed a probable cause search of the vehicle; a dog alerted; large marijuana bag and marijuana in a cigarette were found.
- Trial court denied suppression; on appeal Harper challenges the detention and admission of marijuana; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and subsequent search were lawful | Harper contends detention exceeded reasonable time | State argues detention was lawful; probable cause arose from odor and admissions | Stop and search upheld |
| Whether admission of marijuana was tainted by coercion | Harper argues coercion from officer's search threat | State asserts no coercion; admission voluntary | No coercion; admission voluntary |
| Whether probable cause existed to search for open containers and marijuana | Harper challenges basis for search | State asserts odor + admissions created probable cause | Probable cause established; search valid |
Key Cases Cited
- Amador v. State, 221 S.W.3d 666 (Tex.Crim.App. 2007) (burden-shifting framework for suppression rulings)
- Wiede v. State, 214 S.W.3d 17 (Tex.Crim.App. 2007) (deference to trial court on factual findings and credibility)
- Davis v. State, 947 S.W.2d 240 (Tex.Crim.App. 1997) (reasonable suspicion required for continued detention)
- Kothe v. State, 152 S.W.3d 54 (Tex.Crim.App. 2004) (limits on duration of investigative detentions)
- Davis v. State, 947 S.W.2d 240 (Tex.Crim.App. 1997) (see above)
- Ohio v. Robinette, 519 U.S. 33 (U.S. Supreme Court, 1996) (detailing scope of traffic-stop seizures)
- Florida v. Royer, 460 U.S. 491 (U.S. Supreme Court, 1983) (limits of investigative detentions)
- Strauss v. State, 121 S.W.3d 486 (Tex.App.-Amarillo 2003) (questioning during stop permissible; scope of inquiry)
- Meekins v. State, 340 S.W.3d 454 (Tex.Crim.App. 2011) (coercion evaluation framework)
- Ford v. State, 305 S.W.3d 530 (Tex.Crim.App. 2009) (open container observations and probable cause discussion)