Hart v. State

235 S.W.3d 858, 2007 Tex. App. LEXIS 7558, 2007 WL 2727542
CourtCourt of Appeals of Texas
DecidedSeptember 20, 2007
Docket11-06-00123-CR
StatusPublished
Cited by15 cases

This text of 235 S.W.3d 858 (Hart 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
Hart v. State, 235 S.W.3d 858, 2007 Tex. App. LEXIS 7558, 2007 WL 2727542 (Tex. Ct. App. 2007).

Opinion

OPINION

JOHN G. HILL, Justice (Assigned).

Samuel Griffin Hart appeals his conviction by the court upon his plea of guilty to the offense of possession of cocaine in an amount of less than one gram. The court assessed his punishment at two years in the Texas Department of Criminal Justice, State Jail Division. He contends in a single issue on appeal that the trial court erred in failing to grant his motion to suppress evidence obtained as a result of his illegal detention and a warrantless search of his person. His contention is grounded upon both the Fourth Amendment to the United States Constitution and Article I, section 9 of the Texas Constitution. While Hart refers to Article I, section 9 of the Texas Constitution in his brief, he does not offer any suggestion as to how its protection might differ from that of the Fourth Amendment. Consequently, we analyze his issue on appeal only in light of Fourth Amendment jurisprudence. See Manns v. State, 122 S.W.3d 171, 192 n. 97 (Tex.Crim.App.2003); see also Heitman v. State, 815 S.W.2d 681, 690 n. 22 (Tex.Crim.App.1991). We affirm.

We review the trial court’s denial of a motion to suppress for an abuse of discretion. Oles v. State, 993 S.W.2d 103, 106 (Tex.Crim.App.1999). There is an abuse of discretion when the trial court’s decision is so clearly wrong as to lie outside that zone within which reasonable persons might disagree. Cantu v. State, 842 S.W.2d 667, 682 (Tex.Crim.App.1992); Haas v. State, 172 S.W.3d 42, 49 (Tex.App.-Waco 2005, pet. ref d).

We are to give the trial court’s findings of fact almost total deference. *861 Carmouche v. State, 10 S.W.3d 328, 327 (Tex.Crim.App.2000). In the absence of explicit findings of fact, we assume that the trial court made whatever appropriate implicit findings the record supports. Id. at 328. We review the application of relevant law to the facts de novo. Id. at 327.

On May 1, 2005, Erin Bryan, a police officer with the City of Abilene, stopped Hart because the computer in her patrol car showed that his automobile registration was expired. After approaching Hart’s vehicle and speaking to him, Officer Bryan almost immediately learned that he had recently renewed his registration. Upon learning this, Officer Bryan asked Hart about his driver’s license. He told her that his driver’s license was expired. After checking to see if Hart had any warrants, Officer Bryan determined that Hart had a prior drug history and that his license was, indeed, expired. Because Hart had a drug history, Officer Bryan called for a canine officer. Officer Bryan indicated that she had decided to write Hart a citation and was in the process of writing it when the canine officer arrived. Officer Bryan testified that, after the dog alerted on Hart’s vehicle, another officer searched Hart’s person and found a crack rock in his pocket.

Hart contends that any detention past the time that Officer Bryan discovered that he had renewed his vehicle registration, thereby negating the reason for the traffic stop, was unreasonable. The issue presented, therefore, is whether Officer Bryan’s inquiring about Hart’s driver’s license, running a computer check on him, and writing him a citation for driving with an expired license was unreasonable under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). A Terry analysis has two prongs: a determination as to whether the officer’s action was justified at its inception and whether the search and seizure was reasonably related in scope to the circumstances that justified the stop in the first place. Kothe v. State, 152 S.W.3d 54, 63 (Tex.Crim.App.2004). Hart makes no contention that Officer Bryan’s actions were unjustified at their inception.

In deciding whether the scope of a Terry detention is reasonable, the general rule is that an investigative stop can last no longer than necessary to effect the purpose of the stop. Kothe, 152 S.W.3d at 63. On a routine traffic stop, police officers may request certain information from a driver such as a driver’s license and car registration and may conduct a computer check on that information. Id. It is only after this computer check is completed and the officer knows that the driver has a currently valid license, no outstanding warrants, and the car is not stolen that the traffic-stop investigation is fully resolved. Id. at 63-64. It is at that point that the detention must end and the driver must be permitted to leave. Id. at 64.

Neither the Fourth Amendment nor the United States Supreme Court dictate that an officer making a Terry stop must investigate the situation in a particular order. Kothe, 152 S.W.3d at 65. Such a stop may involve both an investigation into the specific suspected criminal activity and a routine check of the driver’s license and car registration. Id. An officer’s action is unreasonable under the circumstances only if the license check unduly prolongs the detention. Id.

It appears from our record that Officer Bryan’s initial conversation with Hart did not last much more than a minute. Her computer check of Hart, conducted after she learned that he was driving with an expired driver’s license, lasted less than three minutes. While Officer Bryan was in the process of writing Hart a citation for driving with an expired license, the canine *862 unit she requested arrived in three to five minutes. We hold that all of Officer Bryan’s conduct was reasonable under the circumstances and did not unduly prolong Hart’s detention.

Hart correctly notes that many jurisdictions have held that, once an officer has ascertained that the motorist is not guilty of the violation for which he or she was originally stopped, the officer must release the motorist at that time and may not ask to see the motorist’s driver’s license. See United States v. McSwain, 29 F.3d 558, 560 (10th Cir.1994); People v. Redinger, 906 P.2d 81, 86 (Colo.1995); State v. Diaz, 850 So.2d 435, 440 (Fla.2003); McGaughey v. State, 37 P.3d 130, 139 (Okla.2001); State v. Farley, 308 Or. 91, 775 P.2d 835, 836 (Or.1989).

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Cite This Page — Counsel Stack

Bluebook (online)
235 S.W.3d 858, 2007 Tex. App. LEXIS 7558, 2007 WL 2727542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-state-texapp-2007.