Leonard v. State
| Decision Date | 11 July 1973 |
| Docket Number | 46314,Nos. 46313,s. 46313 |
| Citation | 496 S.W.2d 576 |
| Parties | Douglas LEONARD and David Dwight Turner, Appellants, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Fred A. Semaan, Butts & Butts, San Antonio, for appellants.
Ted Butler, Dist. Atty., Gordon V. Armstrong and Richard D. Woods, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.
DALLY, Commissioner.
The convictions are for the possession of marihuana; the punishment for each appellant, three years imprisonment, probated.
The only ground of error presented is that 'The trial court erred in denying appellants' Motion to Suppress the fruits of the search and in admitting such evidence, over objections, in violation of appellants' rights under the Fourth, Fifth and Fourteenth Amendments to the United States Constitution.'
Mergele, a San Antonio police officer, while on patrol near the Jefferson High School at approximately 1:30 p.m., stopped a station wagon which was being driven by the appellant Leonard, and in which the appellant Turner was a passenger. The officer testified that he stopped the vehicle to make 'A driver's license check.' Before the officer could get out of his vehicle Leonard 'had already gotten out of his vehicle, and in a very fast pace, came up to me.' The officer asked to see Leonard's 'driver's license.' Leonard said he did not have one, but offered other identification. The officer, when asked if he noticed anything about Leonard's appearance, replied: 'Yes, sir; from an odor from his clothing, it was a marihuana smell.' The officer then testified:
Officer Mergele called for assistance and Officers Longoria and Stengel arrived in two or three minutes. Officer Stengel searched the automobile and 'found a baggie containing a small amount of marihuana under the floormat on the driver's side.'
Article 6687b, Section 13, Vernon's Ann.Tex.Civ.St. provides:
'Every person shall have an operator's, commercial operator's, or chauffeur's license, in his immediate possession at all times when operating a motor vehicle and shall display the same upon demand of a magistrate or any officer of a court of competent jurisdiction or any peace officer . . . Any peace officer may stop and detain any motor vehicle operator for the purpose of determining whether such person has a driver's license as required by this Section.'
Officer Mergele was a peace officer. See Article 2.12, Vernon's Ann.C.C.P.
Mergele was authorized to stop the appellants' vehicle by virtue of the statute and to determine whether the driver had a valid license to operate the vehicle. See Oliver v. State, 455 S.W.2d 291 (Tex.Cr.App.1970); Wallace v. State, 467 S.W.2d 608 (Tex.Cr.App.1971); Black v. State, 491 S.W.2d 428 (Tex.Cr.App.1973) and Myricks v. United States, 370 F.2d 901 (5th Cir. 1967). The State has a legitimate interest to determine the fitness of a vehicle to be used and its driver to operate such vehicle on a public road. The momentary stopping of a citizen for this purpose does not violate constitutional rights. See Myricks v. United States, supra.
Similar statutory provisions have been construed by many courts in the same manner...
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State v. Gervasio
...979 (1953); Fatemi v. State, 558 S.W.2d 463 (Tex.Cr.App.1977); Faulkner v. State, 549 S.W.2d 1 (Tex.Cr.App.1976); Leonard v. State, 496 S.W.2d 576 (Tex.Cr.App.1973). See United States v. Vanguilder, 297 F.Supp. 71 (D.Md.1969) (applying Maryland law); United States v. Thomas, 289 F.Supp. 364......
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