History
  • No items yet
midpage
Rontae J-R Thornton v. State
05-15-00770-CR
Tex. App.—Waco
Jul 14, 2016
Read the full case

Background

  • Rontae J-R Thornton was stopped for traffic violations around 2:30 a.m.; a juvenile female passenger (B.J.) was in the car and identified as born in 1999.
  • Officer Spano ran records and observed an active protective order entry; he became suspicious about the adult–juvenile relationship because of age disparity, time, motel parking, inconsistent stories, and mismatched last names.
  • Spano separated the parties, conducted additional questioning, and obtained Thornton’s voluntary consent to search a Motel 6 room (room key provided); the officer found signs the room had been recently occupied and feminine-hygiene items.
  • Spano Mirandized Thornton, asked to view Thornton’s phone; Thornton unlocked and handed the phone to Spano, who viewed messages and photos showing the juvenile partially nude.
  • Thornton moved to suppress all evidence obtained after the detention and the motel/phone searches, arguing illegal prolonged detention and coerced consent; the trial court denied the motion.
  • Thornton pleaded guilty to continuous sexual abuse of a child, sexual assault of a child, and possession/promotion of child pornography; appeals argue suppression rulings were erroneous.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether police illegally prolonged the traffic stop/detention beyond the stop’s purpose Thornton: Officers completed the traffic stop and lacked reasonable suspicion to continue detention to investigate relationship with B.J. State: Officer developed reasonable suspicion during the stop (age disparity, motel, time, protective order entry, inconsistent stories) to extend detention Court: Denied suppression; reasonable suspicion arose during the stop and justified continued detention
Whether consent to search motel room and phone was voluntary (and phone-search preservation) Thornton: Consent was coerced (implied threat, prolonged detention); phone search also unlawful/fruit of poisonous tree; trial court never ruled on phone search legality for appeal preservation State: Room consent was voluntary; phone complaint was not preserved for appeal (not argued specifically at suppression hearing); in any event searches lawful Court: Consent to room search was voluntary (clear & convincing); phone-search complaint waived for appeal; suppression denial affirmed

Key Cases Cited

  • Turrubiate v. State, 399 S.W.3d 147 (Tex. Crim. App.) (standard of review for suppression rulings)
  • Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App.) (reasonable-suspicion totality-of-circumstances test)
  • Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (investigative stop requires reasonable suspicion)
  • Kothe v. State, 152 S.W.3d 54 (Tex. Crim. App.) (routine traffic-stop scope includes license/warrant checks)
  • St. George v. State, 197 S.W.3d 806 (Tex. App.—Fort Worth) (new suspicion arising during stop can justify extension)
  • Wade v. State, 422 S.W.3d 661 (Tex. Crim. App.) (suspicious facts must meaningfully distinguish suspect from innocents)
  • Meekins v. State, 340 S.W.3d 454 (Tex. Crim. App.) (voluntariness of consent assessed under totality of circumstances)
  • Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (Miranda rule)
  • Florida v. Jimeno, 500 U.S. 248 (U.S. 1991) (scope of consent judged objectively)
  • United States v. Watson, 423 U.S. 411 (U.S. 1976) (consent voluntariness inquiry)
  • United States v. Sharpe, 470 U.S. 675 (U.S. 1985) (detention length and diligence in investigation)
Read the full case

Case Details

Case Name: Rontae J-R Thornton v. State
Court Name: Texas Court of Appeals, Waco
Date Published: Jul 14, 2016
Docket Number: 05-15-00770-CR
Court Abbreviation: Tex. App.—Waco