Opinion

Woods v. State

  • 933 S.W.2d 719
  • 1996 Tex. App. LEXIS 4579
  • 1996 WL 599645
Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Oct 16, 1996
Status
Published
Author
Powers
On the bench
Powers, Jones, Smith
Cited by
5 cases
Authority
More cited than 7.4%

The opinion

POWERS, Justice,

dissenting.

When reviewing a ruling on a motion to suppress evidence, we must view the evidence in the light most favorable to the trial court’s legal conclusion. DuBose v. State, 915 S.W.2d 493, 497-98 (Tex.Crim.App.1996). We may reverse the court’s ruling as an abuse of discretion only if no reasonable view of the record supports it. Id. In my opinion, the majority fails to accord the district court the deference to which it is entitled.

*727 At the second hearing on appellant’s motion to suppress, McCullen testified that appellant “tried to go around the security like she was entering through the JP Five door.” I believe this testimony may reasonably be understood to mean that appellant attempted to evade the security screening devices by pretending to enter the hallway from the door of the justice of the peace courtroom. Such a deliberate effort to avoid the security checkpoint was a reasonable and articulable basis for suspecting that appellant had a weapon in her purse. I therefore cannot hold that the district court abused its discretion in concluding that the officers were legally justified in detaining appellant and “frisking” her purse.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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