St. George v. State

• Decision Date: 25 May 2006
• Docket Number: No. 2-03-421-CR.,No. 2-03-422-CR.,2-03-421-CR.,2-03-422-CR.
• Citation: 197 S.W.3d 806
• Parties: Jeffrey Michael ST. GEORGE, Jr., Appellant v. The STATE of Texas, State.
• Court: Texas Court of Appeals

197 S.W.3d 806

Jeffrey Michael ST. GEORGE, Jr., Appellant v. The STATE of Texas, State.

No. 2-03-421-CR.

No. 2-03-422-CR.

Court of Appeals of Texas, Fort Worth.

May 25, 2006.

Robert Kersey, Granbury, for Appellant.

R. Kelton Conner, Co. Atty., and Stuart V. Neal, Granbury, for Appellee.

Before the court en banc.^*

OPINION ON REHEARING

ANNE GARDNER, Justice.

We granted the State's motion for rehearing en banc. The case was reargued on November 18, 2004. On December 16, 2005, we withdrew our opinion and judgment of August 31, 2004. We substitute the following.

Appellant Jeffrey Michael St. George, Jr. was charged with the offenses of possession of marijuana and failure to identify as a fugitive. Appellant filed two motions to suppress, which were denied following a hearing. Appellant subsequently pleaded guilty to both charges and received deferred adjudication community supervision. The trial court granted Appellant permission to appeal its rulings denying his motions. In two issues, Appellant contends that the trial court erred by denying his motions to suppress because his interrogation and prolonged detention as a passenger of a vehicle subject to a routine traffic stop violated the Fourth Amendment to the United States Constitution. See U.S. CONST. amend. IV.

On the evening of October 21, 2002, Hood County Sheriff's Deputies Sonny Frisbee and Robert Young stopped a vehicle traveling on State Highway 377 toward Fort Worth. The basis for the stop was an inoperative license plate light. Appellant was a passenger in the vehicle, which was driven by his mother. The stop was videotaped by the camera inside the patrol vehicle and audiotaped by a microphone worn by Deputy Young.

At the suppression hearing, Deputy Young testified that Deputy Frisbee made contact with the driver when they made the stop and then asked Appellant if he had any identification with him. He thought Appellant gave Deputy Frisbee the name of John Christopher St. George and a date of birth of 12/16/75. The name came back "no record," Deputy Young said. When they went back to the car to verify that they had the correct information, the name "started to change." Ultimately, the officers learned that Appellant's true name was Jeffrey Michael St. George and that he had six outstanding warrants. Deputy Frisbee arrested him and found marijuana in a cigarette package in his pocket in the course of a pat-down search.

As to what basis the officers had to detain Appellant, Deputy Young testified that Appellant "wasn't detained." Deputy Young stated, "He was a passenger.... He hadn't committed an offense.... Absolutely [he was free to go.]" As to why he questioned Appellant, Deputy Young responded that he did not consider the contact as investigatory; the purpose was "just to talk." However, he did have other reasons, he said: Appellant was slouched down and did not make eye contact, "[s]o he appeared nervous."

Deputy Frisbee authenticated the videotape of the stop as an accurate depiction of the stop. The events that transpired as shown on the videotape are summarized as follows. The times are the minutes and seconds elapsed after the first image appears on the videotape.

1:35 Officers activate their lights behind a vehicle and both vehicles come to a complete stop. One officer says: "Is that a guy? ... Let's see what's up."

1:58 Deputy Frisbee walks to driver's side of stopped vehicle and informs Appellant's mother that she has been stopped because her license plate light is out. Without pausing, he asks Appellant through the driver's window whether he has any identification with him. Appellant responds, "No."

2:25 Deputy Young has approached Appellant's side of the vehicle and engages in an inaudible conversation with Appellant.

3:07 Deputy Frisbee also walks to Appellant's side of the vehicle and speaks with Appellant; the audio cuts out. The mother exits the vehicle, and Deputy Young shows her that her license plate light is out and tells her she will be given a warning ticket and it "will just take a second."

3:52 Deputies Young and Frisbee meet at the front of the patrol vehicle. Deputy Frisbee tells Deputy Young that Appellant has identified himself as "John St. George" and is "nervous."

4:03 Deputy Frisbee returns to the patrol vehicle; Deputy Young returns to Appellant's side of the vehicle and addresses the mother through Appellant's side window, telling her it will "just be a few minutes" and that they are just going to write a warning ticket. Deputy Young then also returns to the patrol vehicle.

4:40 Only background noises for a minute and then the audio cuts out for another minute.

6:25 The dispatcher is heard over the patrol vehicle's radio informing the deputies that the mother has a valid license and that is it is "clear." The dispatcher also informs the deputies that she could locate neither a license nor warrants for a John St. George with a date of birth of 12/16/75.

9:00 Deputy Young can be seen standing by the patrol vehicle, apparently waiting on Deputy Frisbee to finish writing the ticket.

9:37 Deputy Young approaches Appellant and asks Appellant if he has "ever" had a driver's license. Appellant replies that he has. Deputy Young asks him if it is expired. Appellant answers, "Yeah. I don't drive around."

9:43 At the same time, Deputy Frisbee approaches the driver. He hands her the warning ticket and appears to be explaining it to her.

10:03 Deputy Young informs Appellant that they could not find a driver's license when they checked and asks if his license is expired. Deputy Young asks Appellant for his middle name and Appellant replies that it is "Michael." Deputy Young asks the dispatcher to check for a John Michael St. George.

10:18 Deputy Young asks Appellant for his date of birth again. Appellant responds: "Is there a problem?" Deputy Young replies, "You said you had a license, but didn't have it with you, but they didn't find it."

10:42 The dispatcher interrupts that she has found a "John Christopher St. George" with a date of birth of 12/16/82. Deputy Young asks Appellant "It's not Christopher, is it?" Appellant replies, "That's what I said." Deputy Young responds, "You said Michael." Appellant replies, "No."

10:58 Deputy Young is still standing by the passenger door as he asks the dispatcher to go ahead and check the name that she has found.

11:04 Deputy Frisbee walks to the passenger's side of the vehicle, where he remains standing next to Appellant's door while Deputy Young walks to the driver's side and asks the driver if the passenger is her son, and she says "yes." Deputy Young asks the mother twice whether his middle name is Michael or Christopher, and she replies twice that his middle name is Michael.

11:36 Deputy Young returns to the passenger's side where Deputy Frisbee is still standing and asks Appellant, "So Christopher is your middle name?" Appellant replies, "Yes." Deputy Young then informs the driver that Appellant has just stated that his middle name is Christopher. His mother responds clearly that his name is "Jeffrey Michael."

11:51 Deputy Young asks Appellant, "What's wrong?" Appellant responds, "The problem is you're questioning someone who is not even driving a car and just sitting here and she got her ticket and there shouldn't be any other problem here." Deputy Young responds, "It's just because you're nervous." Deputies Young and Frisbee continue to stand in front of Appellant's door and engage in further conversation with both occupants. Audio cuts out for 5 seconds.

12:19 The audio resumes with both occupants again telling the deputies that Appellant's middle name is Michael.

12:28 Deputy Young finally tells the dispatcher that the middle name of the passenger is going to be Michael. Deputy Young tells Appellant that they are just making sure he is who he says he is and asks him if he has any form of picture identification, to which Appellant responds, "No."

13:13 Both deputies continue to stand in front of the passenger side door. Deputy Young leans down to speak with Appellant; the audio cuts out.

14:13 Once the audio returns, Deputy Young states to Appellant, "Just be sure you give us the right name .... As soon as we get a return on that we'll be all done."

14:24 The dispatcher informs the deputies that she is unable to locate a driver's license for "John Michael St. George" with a date of birth of 12/16/75. Deputy Young asks Appellant again if the date of birth he has given is correct, and then asks, "What's the real date of birth?" Appellant states that it is 12/6/77.

14:42 Deputy Young requests that dispatch run "John Michael St. George" with the date of birth of 12/6/77.

15:05 Deputy Young again leans down to speak with Appellant and asks if he has "tickets out or anything"; the audio again cuts out.

15:37 The audio resumes as Deputy Young stands up and notifies the dispatcher to run a "new" name, "Jeffrey Michael St. George" with date of birth 12/6/77. Deputy Young informs Appellant, "As long as we get a return on his license and everything's fine, you're not going to get in trouble for all the different names, even though you can. It's failure to identify." Deputy Young states, "We just want to find out your right name. It's all we are interested in."

19:06 The dispatcher informs the deputies that she has found a Jeffrey Michael St. George with outstanding warrants for speeding and no insurance. Appellant is told to exit the vehicle and is arrested and handcuffed for the warrants. During a pat-down search, marijuana is found in a pack of cigarettes in Appellant's pocket.

Appellant challenges the denial of his motions to suppress evidence of the false identifications in response to the requests for his identity and the contraband obtained as the result of the search incident to his arrest.

We review the trial court's rulings on a motion to suppress under a bifurcated standard of review.¹ In reviewing the trial court's decision, we do not...