Overshown v. State
329 S.W.3d 201
| Tex. App. | 2010Background
- Midnight patrol observed a vehicle parked in the middle of a road in a drug-trafficking area, blocking less than ten feet of roadway in violation of a city ordinance.
- A man on a bicycle approached the parked car; when the officers pulled up, the car began to move and the man rode away.
- Appellant was a passenger; the driver and appellant gave different names to the officers during initial questioning.
- Appellant initially stated his name as Charles Williams; after discussion, he stated his true name as Larry Overshown.
- Officers learned of warrants for Overshown and arrested him within five to ten minutes of the stop; the driver received a verbal warning.
- Appellant was charged with intentionally giving a false name to a peace officer while lawfully detained; suppression motion denied; conviction stayed 150 days in Harris County jail.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial seizure was reasonable and the stop lawful | Overshown | Overshown | Stop reasonable; seizure lawful; suppression denied |
| Whether the evidence suffices that Overshown was lawfully detained when he gave a false name | Overshown | Overshown | Evidence sufficient; detention lawful; conviction affirmed |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (objective basis for traffic stops; pretext allowed)
- Brendlin v. California, 551 U.S. 249 (U.S. 2007) (passenger seizure during traffic stop)
- Arizona v. Johnson, 129 S. Ct. 781 (U.S. 2009) (passenger seizure during stop; duration must not be extended unreasonably)
- Illinois v. Caballes, 543 U.S. 405 (U.S. 2005) (unrelated inquiries may occur if stop not unreasonably extended)
- Kothe v. State, 152 S.W.3d 54 (Tex. Crim. App. 2004) (analysis of duration of stop; permissible investigative questions)
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (exclusionary rule applies to evidence obtained from unlawful seizure)
- Brignoni-Ponce, 422 U.S. 873 (U.S. 1975) (context of brief detention and traffic stops)
- St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007) (passenger statements after stop; is encounter consensual or seizure)