Johnson v. State

414 S.W.3d 184, 2013 WL 6480290, 2013 Tex. Crim. App. LEXIS 1810
CourtCourt of Criminal Appeals of Texas
DecidedDecember 11, 2013
DocketPD-0209-12
StatusPublished
Cited by161 cases

This text of 414 S.W.3d 184 (Johnson v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. State, 414 S.W.3d 184, 2013 WL 6480290, 2013 Tex. Crim. App. LEXIS 1810 (Tex. 2013).

Opinions

OPINION

JOHNSON, J.,

delivered the opinion of the Court

in which MEYERS, PRICE, WOMACK, and COCHRAN, JJ„ joined.

Appellant’s motion to suppress asserted that: his seizure was made without any [186]*186reasonable suspicion that he was engaged in any criminal activity or breach of the peace; acquisition of the evidence that would be offered by the state was not pursuant to a reasonable investigative detention or pursuant to an arrest warrant; no exigent circumstances existed; and the arrest was made without probable cause to believe appellant was engaged in criminal activity. It also alleged that the search was in violation of the laws of this state and of the United States Constitution. After a hearing, the trial court denied the motion.1 In making that ruling, the trial judge specifically found that appellant had been detained, saying that she believed that “the officer acted reasonably under the circumstances and did have articulable facts that justified the minimal detention,” but also denied appellant’s motion to suppress. Appellant then plead guilty to the misdemeanor offense of possession of marijuana and, pursuant to a plea agreement, was sentenced to twenty days in jail. He appealed the trial court’s denial of his suppression motion. The court of appeals concluded that the trial court did not abuse its discretion in denying the suppression motion and affirmed the trial court’s judgment. Johnson v. State, 359 S.W.3d 725 (Tex.App.-Houston [14th Dist.] 2011). We granted review of appellant’s petition to this Court. We sustain appellant’s grounds for review2 and reverse and remand this cause to the court of appeals to determine whether the detention was valid.

I. Facts

The record from the hearing on appellant’s suppression motion reflects that an identified complainant who was a resident of an apartment complex called 911 to report a suspicious person-an unidentified black male who was sitting on the steps watching cars near her apartment, number 309, which was near the rear of the complex and could not be seen from the front, and only, entrance to the complex. Her report included a description of that person and his clothing.3 In response to her [187]*187call, a Houston Police Department officer went to the complex. The officer testified that he had tried to contact the complainant by telephone but was unsuccessful and had made no attempt to contact the resident in apartment 309 in person. He also testified that he was familiar with the complex. According to the responding officer, the call slip indicated that “the guy was standing out front of the leasing office,”4 so he drove past the leasing office but saw no one there.5

[188]*188Seeing a vehicle with its lights on backed into one of the parking spaces beside the leasing office, outside of the entrance gate but on the complex property, the officer shined his high-beam spotlight “in the car” and saw appellant sitting in it. He conceded that appellant was parked legally. The spotlight, described by the officer as “[pjretty darn bright” and b.eing “a big, big thick lamp,” remained aimed at appellant’s car throughout the ensuing events. The officer “pulled kind of on the-the corner of his car.... Kind of parked catty-corner like that,” but not “totally blocking it.” The officer and the court had a brief colloquy about the position of the police car.

The court: ... So is your vehicle blocking his?
The witness: It’s — it’s in the way a little bit, but no — I wasn’t totally blocking it, no.
[[Image here]]
The court: Could he have left if he had wanted to, or would your car have—
The witness: From what I remember, he could have probably maneuvered around me—
The court: Okay.
The witness: — manipulated around me, yeah.

In response to the prosecutor’s question as to what brought his attention to appellant’s car, the officer stated, “It was backed in. So I thought maybe it could be, you know, a get-away vehicle or a getaway driver in there. Could be the suspect, you know, had just done a robbery and was going to leave. So it was backed in. That’s what brought my attention to it.” The officer testified that he continued to shine his patrol car’s large spotlight on appellant’s vehicle as he got out of his own vehicle and spoke to appellant “us[ing] a loud authoritative voice maybe. I said a loud voice so I could hear him. I was far away. I had to use an outside voice.” The officer walked in front of appellant’s car, going first to the passenger side, then to the driver’s side. Appellant matched the description of the suspicious person in the call slip to the extent that he is a black male. His clothing matched the complainant’s description of the suspect in that he was wearing a dark shirt, but his pants were also dark, not beige as described in the call slip, and he was not wearing a do rag or anything else on his head. The officer testified that, during the course of that interaction, he smelled a little bit of an odor of marijuana when he was at the passenger door and that the odor was quite strong on the driver’s side. But when the prosecutor asked the officer when he saw the marijuana, the officer responded that he did not see the marijuana until he “asked [appellant] to step out of the vehicle. And then I did a — I detained him. And then I looked in the car, and it was sitting on the front console.”

When questioned by defense counsel about the discrepancy between his testimony — he smelled marijuana at the passenger door — and his offense report — no mention of smelling marijuana at the passenger door or of the seized marijuana sitting on the front console in plain view, the officer responded, “I don’t write everything that happened out there in my police report. This is just to refresh my memory when I come [to court].” The officer also testified that “it didn’t seem to me that [appellant] was” under the influence of [189]*189either alcohol or marijuana, nor was there, in appellant’s car, any physical evidence, such as roaches, of marijuana having been smoked in the car. The officer arrested appellant and charged him with misdemeanor possession of marijuana. After the arrest, the officer confiscated from appellant’s back seat a stun gun and a mask that “covers your nose and your mouth and just your eyes showing.”6

On cross-examination, the officer appeared evasive and argumentative, resulting in two defense requests to the trial court that the officer be instructed to answer the question that had actually been asked instead of arguing with defense counsel. After the second request, the trial court stated, “Just wait for the question, answer only the question that’s posed.” For example, the officer was reluctant to concede that the call slip, Defense Exhibit 5, did not state a criminal offense, repeatedly asserting what could have been going on — a robbery, a criminal trespass — rather the words on the call slip that reflected merely a report of a suspicious person.

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Cite This Page — Counsel Stack

Bluebook (online)
414 S.W.3d 184, 2013 WL 6480290, 2013 Tex. Crim. App. LEXIS 1810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-texcrimapp-2013.