Bustamante v. State

917 S.W.2d 144, 1996 Tex. App. LEXIS 785, 1996 WL 82485
CourtCourt of Appeals of Texas
DecidedFebruary 28, 1996
Docket10-95-087-CR
StatusPublished
Cited by31 cases

This text of 917 S.W.2d 144 (Bustamante v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bustamante v. State, 917 S.W.2d 144, 1996 Tex. App. LEXIS 785, 1996 WL 82485 (Tex. Ct. App. 1996).

Opinion

OPINION

PER CURIAM.

Rogelio Bustamante appeals from his conviction for possession of more than five but less than fifty pounds of marihuana and the assessed punishment of ten years’ imprisonment, probated for ten years, and a $3,500 fine. Tex.Health & Safety Code Ann. § 481.121 (Vernon Supp.1996). The convietion and punishment followed a negotiated plea of no-contest. He raises one point of error, claiming that the court erred by denying a pre-trial motion to suppress marihuana seized in a warrantless roadside search of his car. 1 Because we conclude that the trial court could have found that the search was supported by probable cause, we will affirm.

While travelling north on IH 35E, Busta-mante and his passenger, Jose Castro, were stopped by Texas Department of Public Safety Troopers William Thomas and Ben Macias for failing to signal lane changes. Busta-mante and Castro gave conflicting accounts of where they had been, Bustamante stating that they were coming from San Antonio and Castro claiming that their departure point was Houston. Bustamante was “pretty nervous” at first and became more nervous during the encounter. His documentation showed two different addresses — Spring, Texas, on his driver’s license; Houston on his proof-of-insurance papers. He told Thomas that the address on his drivers’s license was incorrect. Thomas asked Bustamante to tell him where he was before San Antonio, but Bustamante was either unable to understand the question or unwilling to answer it.

Because of the inconsistencies and nervousness, Thomas requested and was given permission to search the car’s trunk, but did not find anything suspicious during his search. After Thomas issued Bustamante a warning for the traffic offenses, Macias pointed out “a screw in the passenger side door, down in the bottom right-hand corner that was just stuck in where there is a little carpet strip down at the bottom.”

Apparently, the location of this screw was odd enough to pique Thomas’ and Macias’ curiosity. The two officers knew from their experience and intelligence reports that a car door is a place commonly used to conceal contraband. They turned the car’s ignition over to engage the battery and worked the window controls from the driver’s side door. The electric window on the passenger’s side would go down three or four inches and no further, but would return to the fully closed *146 position. Apparently, though, Bustamante had told them before they became interested in the window’s operation that it had been damaged in an accident. By feeling the door panel, Thomas discovered that it was approximately an inch away from the door frame. He could feel “some plastic” when he put his fingers into the gap between the frame and the panel but could not see any plastic when he looked inside the door from the top. At Bustamante’s insistence, Thomas examined the driver’s door to compare it to the passenger door. Finding that the driver’s door did not have the same odd characteristics, Thomas lay on the ground and looked up inside the passenger’s door. With the aid of a flashlight, Thomas could see a “brown bundle” inside the door. Thomas believed that he was seeing contraband concealed in the door.

Over Bustamante’s objections, Thomas obtained a screw driver from the car’s trunk, removed the screw, and, by pulling the panel away from the frame, discovered nine tape-wrapped bundles. Bustamante and Castro were then arrested. During another search, this time aided by dogs, Thomas discovered seven more similar packages.

Bustamante argued in the hearing on his motion to suppress that the officers exceeded the bounds of the detention when they continued to search after issuing the warnings. On appeal, he continues this argument, asserting that “[t]he sole issue to be determined by this Court on appeal is the validity of the warrantless search of Appellant’s car after issuing a ‘warning’ and releasing Appellant.”

When reviewing a ruling on a motion to suppress, we do not engage in a factual determination ourselves; rather, we determine if the court’s implied findings are supported by the record. Banda v. State, 890 S.W.2d 42, 51-52 (Tex.Crim.App.1994), cert. denied —U.S.-, 115 S.Ct. 2258, 132 L.Ed.2d 260 (1995); Johnson v. State, 803 S.W.2d 272, 287 (Tex.Crim.App.1990), cert. denied 501 U.S. 1259, 111 S.Ct. 2914, 115 L.Ed.2d 1078 (1991). If those findings are supported by the record, we consider only if the court incorrectly applied the law to the facts. Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App.1990).

Initially, the court must have determined that the continued detention, i.e., the “seizure,” was legal. “To justify a temporary detention, the officer must have specific ar-ticulable facts which, in light of his experience and general knowledge taken, together with rational inferences from those facts, would reasonably warrant the intrusion on the citizen.” Gurrola v. State, 877 S.W.2d 300, 302 (Tex.Crim.App.1994). The officer is entitled to rely on all of the information obtained during the course of his contact with the citizen in developing the articulable facts which would justify a continued investigatory detention. Razo v. State, 577 S.W.2d 709, 711 (Tex.Crim.App. [Panel Op.] 1979).

Here, Thomas testified that (1) Bus-tamante was “pretty nervous” and became more nervous as the stop continued; (2) Bus-tamante and Castro gave conflicting statements concerning the origin of their journey; (3) Bustamante’s address on his license was incorrect, (4) Bustamante could not tell Thomas where he had been before San Antonio; (5) the officers noticed an out-of-place screw on the passenger side door; and (6) Thomas knew from his experience and intelligence information that contraband was often concealed in the doors of automobiles. Given these articulated facts, the court was justified in concluding that the officers’ continued detention of Bustamante to investigate the out-of-place screw was lawful. Gurrola, 877 S.W.2d at 302; Romero, 800 S.W.2d at 543.

Next, the court must have found that the officers’ actions in pursuing their interests in the odd screw were justified in the absence of a warrant. Because a ear is mobile, it may be lawfully searched without a warrant if the search is supported by probable cause to believe that the vehicle contains contraband or the instrumentalities of a crime. Chambers v. Maroney, 399 U.S. 42, 47-52, 90 S.Ct. 1975, 1979-81, 26 L.Ed.2d 419 (1970); Delgado v. State, 718 S.W.2d 718, 722 (Tex.Crim.App.1986).

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Bluebook (online)
917 S.W.2d 144, 1996 Tex. App. LEXIS 785, 1996 WL 82485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bustamante-v-state-texapp-1996.