Farmer v. State

47 S.W.3d 187, 2001 Tex. App. LEXIS 3307, 2001 WL 539630
CourtCourt of Appeals of Texas
DecidedMay 23, 2001
DocketNo. 06-00-00160-CR
StatusPublished
Cited by10 cases

This text of 47 S.W.3d 187 (Farmer 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
Farmer v. State, 47 S.W.3d 187, 2001 Tex. App. LEXIS 3307, 2001 WL 539630 (Tex. Ct. App. 2001).

Opinion

OPINION

Opinion by

Justice GRANT.

Elmonzo Farmer appeals his conviction for possession of cocaine in an amount greater than or equal to four grams, but less than 200 grams, a first degree felony. Tex. Health & Safety Code Ann. § 481.112(d) (Vernon Supp.2001). The punishment range for the offense was enhanced by a finding that Farmer had previously been convicted of a felony. Tex. Pen.Code Ann. § 12.42(c)(1) (Vernon Supp. 2001).

Farmer filed a motion to suppress the cocaine obtained during a search of his person.1 The trial court overruled his motion after a hearing. Thereafter, Farmer pleaded guilty. The trial court sentenced him to forty years’ confinement.

On appeal, Farmer contends the trial court erred in overruling his motion to suppress the cocaine. At the suppression hearing, Officer James Benson testified as follows. Around 2:00 a.m., he was posted on Interstate 20, a main corridor for narcotics trafficking. He witnessed a car traveling sixty-nine miles per hour in a sixty-five mile-per-hour zone. He stopped the car, identified the driver as Scotty Epps, and asked him to step to the rear of the vehicle. Epps told him the car belonged to Willie Farmer, who was not one of his two passengers. He also told Benson the three of them were driving back to Louisiana from Dallas, where they had spent the weekend after driving Epps’s girlfriend to her home. Benson later determined the car was registered to Farmer.

Benson next spoke to Epps’s passengers to get their names and determine if they had any outstanding warrants. The passenger in the front seat of the car had a Louisiana driver’s license identifying him as Charlie Buchanan. He told Benson they were returning from a one-day trip to Dallas, where they had driven “a buddy of theirs home, not a girl.” The passenger in the backseat, who was later identified as Farmer, identified himself as Carlton Frost, but he was not carrying a driver’s license. Benson testified that Farmer hesitated as he recited his date of birth, “as [190]*190though he really didn’t know what it was and was making it up as he went along.”

Benson returned to Epps and asked him the identity of the passenger in the backseat, and Epps said “he believed the guy’s last name — I want to say he said Carl or something to that effect.” (Emphasis added). Benson was unable to get any information from a records check on the name “Carlton Frost,” but was able to determine that Epps had a prior arrest for marihuana possession. He again asked Farmer his identity, but Farmer replied that his name was “Carlton Frost.” Finally, Benson again asked Epps the name of the passenger in the backseat and, this time Epps told him the man’s name was Carl Willie Farmer, but he also told Benson that it was not the Willie Farmer who owned the vehicle. By this time, two other officers had arrived on the scene.

Suspicious that the men were engaged in narcotics trafficking, Benson asked for and received Epps’s permission to search the car. He asked Farmer to step out of the car and conducted a pat-down search of his person. He felt a large object below Farmer’s waistline and above his groin area. He put Farmer in handcuffs, opened the front of his pants, and found a bag of cocaine taped to his body. Benson seized the cocaine and placed Farmer under arrest.

At a suppression hearing, the trial court is the exclusive trier of fact and judge of the credibility of the witnesses and the weight of their testimony. Green v. State, 934 S.W.2d 92, 98 (Tex.Crim.App. 1996). Therefore, an appellate court must view the record and draw all reasonable inferences therefrom in the light most favorable to the trial court’s ruling. Villarreal v. State, 935 S.W.2d 134, 138 (Tex.Crim.App.1996). Furthermore, the appellate court must sustain the trial court’s ruling if it is reasonably supported by the record and is correct on any theory of law applicable to the case. Id.; Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App. 1990).

The general rule is that an appellate court should afford almost total deference to a trial court’s determination of the historical facts that the record supports, especially when the trial court’s fact findings are based on an evaluation of credibility and demeanor. Guzman v. State, 955 S.W.2d 85, 89 (Tex.Crim.App.1997). We are also to afford such deference to a trial court’s ruling on the “application of law to fact questions” if the resolution of those ultimate questions turns on an evaluation of credibility and demeanor. Id. Questions not turning on credibility and demeanor may be reviewed by appellate courts de novo. Id.

The parties do not dispute that the initial traffic stop was lawful. Benson witnessed the car traveling in excess of the posted speed limit, which is prima facie evidence of a traffic violation. Tex. Trsnsp. Code Ann. § 545.351 (Vernon 1999), § 545.352(b)(2) (Vernon Supp.2001). A police officer may lawfully stop a motorist who commits a traffic violation. McVickers v. State, 874 S.W.2d 662, 664 (Tex. Crim.App.1993).

The State contends Farmer was not detained when Benson first approached him to ask his name; rather, the State contends this was a mere “encounter” with police. See Florida v. Bostick, 501 U.S. 429, 436, 111 S.Ct. 2382, 115 L.Ed.2d 389, 400 (1991) (whether a seizure of a passenger on a bus occurred when police boarded the bus and asked to search his bags depended on “whether a reasonable person would feel free to decline the officers’ request or otherwise terminate the encounter”); Florida v. Royer, 460 U.S. 491, 497, 103 S.Ct. 1319, 75 L.Ed.2d 229, 236 (1983) [191]*191(“law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen”). In any event, the State admits, and we agree, that this “encounter” escalated into an investigative detention when Benson became suspicious about the responses Farmer gave regarding his identity.

Farmer contends Benson did not have probable cause to detain him. An investigative detention is a seizure, Francis v. State, 922 S.W.2d 176, 178 (Tex. Crim.App.1996); Johnson v. State, 912 S.W.2d 227, 235 (Tex.Crim.App.1995); thus, it must be reasonable to meet the standards required by the United States and Texas Constitutions. See U.S. Const. amend. IV; Tex. Const, art. I, § 9. To determine the reasonableness of an investigative detention, we apply the guidelines set out by the United States Supreme Court in Terry v. Ohio: (1) whether the officer’s action was justified at its inception; and (2) whether it was reasonably related in scope to the circumstances that initially justified the interference. See Davis v.

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Bluebook (online)
47 S.W.3d 187, 2001 Tex. App. LEXIS 3307, 2001 WL 539630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-state-texapp-2001.