Philip Joshua Smith v. State
01-15-00753-CR
| Tex. App. | Oct 13, 2016Background
- In April 2015 Philip Joshua Smith pleaded guilty to continuous-family-assault; the trial court deferred adjudication and placed him on community supervision with drug- and crime-free conditions.
- One month later police responded to reports of a suspicious person at a home‑improvement store and found Smith standing by his truck in a near‑empty parking lot at night.
- Officers observed two weapons (an ax and a knife) in the truck, noticed Smith’s license plate was turned backward, and described Smith as nervous and giving inconsistent answers.
- During the encounter Officer Martinez asked if Smith had a weapon; Smith said he "probably had a pocket knife." A Terry frisk produced a syringe with visible residue from Smith’s pocket.
- Smith refused consent to search his truck; officers detained him, summoned a narcotics K9, and conducted an open‑air dog sniff. The dog alerted to the driver’s‑side door, officers searched, and found methamphetamine and additional syringes.
- The State moved to adjudicate Smith’s earlier assault conviction based on the community‑supervision violation for possessing methamphetamine; the trial court found the search lawful, adjudicated guilt, and placed Smith on probation for five years.
Issues and Key Cases Cited
| Issue | Plaintiff's Argument (Smith) | Defendant's Argument (State) | Held |
|---|---|---|---|
| 1. Was the initial investigative stop (Terry detention) supported by reasonable suspicion? | Officers lacked reasonable suspicion; Driver said Smith was free to leave until narcotics were found. | Totality of circumstances (suspicious call, time/place, license plate reversed, furtive behavior, inconsistent answers) justified detention. | Court: Detention reasonable under totality of circumstances; overrules Smith. |
| 2. Was the Terry frisk for weapons justified? | Officers did not articulate a belief Smith was dangerous; frisk was not authorized. | Officer observed weapons in truck, Smith admitted he probably had a pocket knife; objective test for frisk satisfied. | Court: Frisk justified by specific, articulable facts (weapons + admission + demeanor); overrules Smith. |
| 3. Did the syringe discovered during the frisk give reasonable suspicion to prolong the detention and shift to a narcotics inquiry (including K9 sniff)? | Syringe could be an innocuous medicine dropper; officers lacked basis to suspect drug activity. | Syringe with residue plus Smith’s admitted drug history and other facts objectively supported reasonable suspicion to investigate narcotics. | Court: Syringe plus statements and ongoing theft investigation provided reasonable suspicion to prolong detention and conduct K9 sniff; overrules Smith. |
| 4. Was the subsequent vehicle search supported after the dog alerted? | Dog sniff/search unrelated to original purpose; search invalid. | K9 alert gave probable cause to search the vehicle. | Court: Dog alert provided probable cause; search lawful and evidence admissible. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (authorizes brief investigative stops and limited frisk for weapons)
- Carmouche v. State, 10 S.W.3d 323 (Tex. Crim. App. 2000) (bifurcated review and standards for Terry frisk)
- Gonzales v. State, 369 S.W.3d 851 (Tex. Crim. App. 2012) (deference to trial court’s factual findings on suppression)
- Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (reasonable suspicion defined under Texas law)
- Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (reasonable‑suspicion analysis under totality of circumstances)
- O’Hara v. State, 27 S.W.3d 548 (Tex. Crim. App. 2000) (objective test for frisk; officer’s subjective fear irrelevant)
- Haas v. State, 172 S.W.3d 42 (Tex. App.—Waco 2005) (additional facts discovered during lawful detention may justify further investigation)
- Mohmed v. State, 977 S.W.2d 624 (Tex. App.—Fort Worth 1998) (continued detention may be justified by new reasonable suspicion)
- Harrison v. State, 7 S.W.3d 309 (Tex. App.—Houston [1st Dist.] 1999) (K9 alert can provide probable cause to search vehicle)
- United States v. Sokolow, 490 U.S. 1 (1989) (totality‑of‑circumstances test for reasonable suspicion)
- Florida v. Royer, 460 U.S. 491 (1983) (detention must not exceed time reasonably necessary for investigation)
- Ohio v. Robinette, 519 U.S. 33 (1996) (limits on transforming a stop into broader investigation without new suspicion)