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Pace v. State

A reasonable, articulable suspicion of danger may justify a limited, cursory inspection to dispel the suspicion. The trial court's finding that the officer entered the bedroom to ensure his safety is supported by testimony in the record; the officer had a right to be there. Having followed appellant for the purposes of dispelling the suspicion of danger, the officer observed the evidence in plain view. The trial court did not abuse its discretion in denying the motion to suppress. Beaumont Court of Appeals, No. 09-09-00182-CR, 08-06-2010

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Submitted on April 14, 2010

OPINION

Phillip David Pace, Jr. pled guilty to possession of marijuana. The trial court adjudicated his guilt, sentenced him to 180 days in jail, suspended the imposition of the sentence, and placed him on community supervision for one year. Pace appeals from the trial court‟s denial of his motion to suppress. Pace contends the consent given by his mother to enter the residence was invalid; the officer exceeded the scope of any consent given; Pace did not consent to entry into his bedroom; and the officer did not have probable cause to search Pace‟s bedroom. The record supports the trial court‟s finding that the officer had a reasonable, articulable suspicion of danger, and he acted properly to secure his own safety. At that point, the evidence was in plain view. We conclude the trial court did not err in denying the motion to suppress.

 
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