The State of Texas v. Lavetta Renee Williams--Appeal from County Court at Law of Brazoria County
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Affirmed and Majority and Concurring Opinions filed May 6, 2010.
In The
Fourteenth Court of Appeals
NO. 14-09-00353-CR
NO. 14-09-00354-CR
NO. 14-09-00355-CR
THE STATE OF TEXAS, Appellant
V.
LAVETTA RENEE WILLIAMS, Appellee
On Appeal from the County Court at Law No. 4
Brazoria County, Texas
Trial Court Cause Nos. 168582, 168583, 168584
MAJORITY OPINION
Lavetta Renee Williams was arrested on three counts of possession of a controlled
substance, penalty group three less than twenty-eight grams. The arrest occurred after
police discovered she was concealing prescription drugs in her bra. She filed a motion to
suppress the evidence obtained in the search. After reviewing all the evidence during the
hearing on the motion to suppress, the trial court granted Williams‘s motion. We affirm.
I
At about 4:30 a.m. on July 29, 2008, Angleton police officer Tony Duncan pulled
over a vehicle with a defective tail lamp. Four people were in the vehicle including
Lavetta Renee Williams, who was seated in the rear seat behind the passenger. Officer
Duncan testified that he had pulled over the same vehicle earlier that night in the same
part of town. He stated that only Joseph Newman, the driver, was in the vehicle at the
time of the first incident. During the first incident, Officer Duncan noticed a bottle of
pills in the center console of the vehicle, but he let Newman ―go with a warning.‖
When Officer Duncan pulled over the vehicle the second time, he noted that the
bottle of pills was missing. Officer Duncan also testified that when Newman pulled over,
the front-seat passenger exited the vehicle and ran into a nearby convenience store.
Officer Duncan arrested Newman for possession of a controlled substance after he
discovered numerous prescription pills in his pocket during a pat-down search.
Officer Duncan testified that after he made the arrest, Newman told him that
Williams had a steak knife, and she was threatening to stab the other passengers. During
Newman‘s arrest, Williams had stayed seated in the back seat of the vehicle, she did not
make any sudden movements or gestures, and she never attempted to escape. Officer
Duncan testified that he was familiar with Williams because she had been the subject of
several narcotics complaints and had a reputation for having a violent temper.
After all the occupants were out of the vehicle, at least two other officers,
including one female officer, arrived on the scene to assist Officer Duncan. Officer
Duncan testified that he did not want to conduct a pat-down of Williams because she was
a female. He stated that he asked Williams to ―kind of reach underneath [her bra] and
just pull it out a little bit and kind of shake it a little bit . . . and maneuver it.‖ Because
Williams was relatively well-endowed—―more than average‖—Officer Duncan was
concerned she may have concealed the steak knife in her bra. Williams ―refused, cried,
2
and said she did not want to pull out her bra.‖ Officer Duncan again asked Williams to
shake out her bra. After the second request, Williams complied and numerous pills fell
out of her bra.
Officer Duncan arrested Williams for possession of a controlled
substance. After she was arrested, the female officer on the scene conducted a pat-down
of Williams.
Williams filed a motion to suppress the evidence of drugs in her bra, and after
reviewing all the evidence at the hearing on the motion to suppress, the trial court granted
the motion. The State‘s appeal followed.
II
The State contends that the trial court erred in granting Williams‘s motion to
suppress the prescription pills that fell out of Williams‘s bra after she maneuvered it.
Specifically, the State argues that the search was reasonable under the circumstances,
Williams consented to the search, and Officer Duncan‘s request was less intrusive than a
pat-down. Williams contends that the search exceeded the permissible scope of a patdown, she did not voluntarily consent to the search, and Officer Duncan‘s request was
more intrusive than a pat-down.
We generally review a trial court‘s decision to grant or deny a motion to suppress
using an abuse-of-discretion standard. Swain v. State, 181 S.W.3d 359, 365 (Tex. Crim.
App. 2005). During the suppression hearing, the trial court is the exclusive trier of fact
and judge of the witnesses‘ credibility. State v. Ross, 32 S.W.3d 853, 855 (Tex. Crim.
App. 2000); Mason v. State, 116 S.W.3d 248, 256 (Tex. App.—Houston [14th Dist.]
2003, pet. ref‘d). An appellate court affords almost total deference to the trial court‘s
determination of historical facts supported by the record, especially when the trial court‘s
findings are based on an evaluation of credibility and demeanor. Johnson v. State, 68
S.W.3d 644, 652–53 (Tex. Crim. App. 2002) (citing Guzman v. State, 955 S.W.2d 85, 89
(Tex. Crim. App. 1997)). We afford the same amount of deference to a trial court‘s
ruling on ―application of law and facts questions‖ or ―mixed questions of law and fact‖ if
3
the resolution turns on evaluating credibility and demeanor.
Johnson, 68 S.W.3d at 652;
Guzman, 955 S.W.2d at 89. We review de novo, however, those questions of mixed law
and fact not turning on credibility or demeanor.
Johnson, 68 S.W.3d at 653 (citing
Guzman, 955 S.W.2d at 89). If the trial court‘s ruling is reasonably supported by the
record and is correct on any theory of law applicable to the case, the reviewing court
must sustain it upon review. Villarreal v. State, 935 S.W.2d 134, 138 (Tex. Crim. App.
1996); Flores v. State, 172 S.W.3d 742, 748 (Tex. App.—Houston [14th Dist.] 2005, no
pet.). This is true even if the trial court states the wrong reason for the correct decision.
State v. Ross, 32 S.W.3d 853, 855–56 (Tex. Crim. App. 2000).
A
The State argues that Officer Duncan did not violate Williams‘s Fourth
Amendment rights against unlawful searches and seizures because the officer‘s actions
were reasonable under the circumstances.
Officer Duncan testified that he had a
reasonable basis to believe Williams possessed a steak knife, and he was concerned for
his safety. Based on this information, he requested that Williams pull her bra away from
her body and maneuver it in lieu of conducting a pat-down. The State would have this
court conclude that based on these facts Officer Duncan‘s actions are permissible under
Terry v. Ohio, 392 U.S. 1, 19–20 (1968) and its progeny. We decline to do so.
The Fourth Amendment protects individuals from unlawful searches and seizures.
U.S. Const. amend. IV. Both the U.S. Supreme Court and the Court of Criminal Appeals
have held that a traffic stop is considered a Fourth Amendment seizure. Berkemer v.
McCarty, 468 U.S. 420, 439 (1984); Delaware v. Prouse, 440 U.S. 648, 653 (1979); see
Davis v. State, 947 S.W.2d 240, 243–45 (Tex. Crim. App. 1997). Because traffic stops
are analogous to investigative detentions, they are analyzed under the two-prong test in
Terry. Green v. State, 256 S.W.3d 456, 461 (Tex. App.—Waco 2008, no pet.) (citing
Berkemer, 468 U.S. at 439).
During a valid traffic stop, the driver and all of his
passengers are considered seized within the meaning of the Fourth Amendment.
4
Brendlin v. California, 551 U.S. 249, 257–58 (2007). To be a valid traffic stop, the stop
must be reasonable. Davis, 947 S.W.2d at 244; see U.S. Const. amend. IV. A detention is
reasonable if: (1) the police officer‘s actions were justified at the stop‘s inception; and (2)
the stop was reasonably related in scope to the circumstances that initially justified the
stop. Terry, 392 U.S. at 19–20; Kothe v. State, 152 S.W.3d 54, 63 (Tex. Crim. App.
2004). Once a police officer makes a valid traffic stop and detains the suspect, the officer
may further detain the suspect if he develops reasonable suspicion that another offense is
being committed. Goudeau v. State, 209 S.W.3d 713, 719 (Tex. App.—Houston [14th
Dist.] 2006, no pet.); see Davis, 947 S.W.2d at 244.1
The State correctly argues that there may be reasonable circumstances that allow
officers to search a suspect for weapons, but courts have not allowed an overly broad or
unlimited search during a pat-down. See Balentine v. State, 71 S.W.3d 763, 770 (Tex.
Crim. App. 2002). A valid investigative detention can give a police officer the ability to
pat-down or frisk the suspect for weapons. Baldwin v. State, 278 S.W.3d 367, 371 (Tex.
Crim. App. 2009). Police officers may conduct a limited search for weapons of the
suspect‘s outer clothing, even in the absence of probable cause, when an officer
reasonably believes that the suspect is armed and dangerous. Balentine, 71 S.W.3d at
769; Carmouche v. State, 10 S.W.3d 323, 329 (Tex. Crim. App. 2000); see Terry, 392
U.S. at 27.2 Courts have emphasized, however, that the protective search is not related
to seizing evidence or other non-weapon contraband. Adams v. Williams, 407 U.S. 143,
146 (1972) (―The purpose of this limited search is not to discover evidence of crime, but
to allow the officer to pursue his investigation without fear of violence . . . .‖); Balentine,
71 S.W.3d at 769. An officer is allowed to search a suspect for weapons only if he can
―‗Reasonable suspicion‘ exists if the officer has specific articulable facts that, when combined
with rational inferences from those facts, would lead him to reasonably suspect that a particular person
had engaged or (soon will be) engaging in criminal activity.‖ Garcia v. State, 43 S.W.3d 527, 530 (Tex.
Crim. App. 2001) (citing Woods v. State, 956 S.W.2d 33, 38 (Tex. Crim. App. 1997)).
1
―A pat-down search is substantially less intrusive than a standard search requiring probable
cause.‖ O’Hara v. State, 27 S.W.3d 548, 550 (Tex. Crim. App. 2000).
2
5
point to specific and articulable facts which reasonably led him to conclude that the
suspect might possess a weapon. Balentine, 71 S.W.3d at 769; Carmouche, 10 S.W.3d at
329. The officer‘s belief that the suspect has a weapon must be ―objectively reasonable
in light of the circumstances.‖ Carmouche, 10 S.W.3d at 330. In other words, ―[t]he
officer need not be absolutely certain that an individual is armed; the issue is whether a
reasonably prudent person would justifiably believe that he or others were in danger.‖
Balentine, 71 S.W.3d at 769.3 Courts have stressed, however, that the permissible scope
of a protective search for weapons is extremely narrow. Spillman v. State, 824 S.W.2d
806, 809 (Tex. App.—Austin 1992, pet. ref‘d) (discussing Supreme Court cases
recognizing a balance between privacy interests of individuals and officer safety).
But courts have allowed officers to conduct more intrusive searches of suspects
under certain situations. See Adams, 407 U.S. 145, 147–48; Minnesota v. Dickerson, 508
U.S. 366, 375–76 (1993); George E. Dix & Robert O. Dawson, Texas Practice: Criminal
Practice and Procedure § 11.48 (2d ed.), 11.50 (2d ed. & Supp. 2009-2010). In Adams v.
Williams, a police officer approached the suspect‘s vehicle and saw a gun in the suspect‘s
waistband. 407 U.S. at 144–45. Instead of pulling the suspect out of the vehicle and
conducting a pat-down, the officer reached into the vehicle and extracted the gun. Id. at
145. Although the officer‘s actions exceeded the scope of a pat-down, the Court held the
officer‘s actions were proper because of the surrounding circumstances. Id. at 149. First,
the officer had received a tip that the suspect was carrying a gun in his waistband, so
there was specific information that the suspect had a weapon and where it was concealed.
Id. at 146. Second, the suspect refused to exit the vehicle. Id. at 148. Finally, because
the suspect was in a vehicle in a seated position, an attempt to pat him down would have
been dangerous and difficult. See id.; Dix & Dawson, § 11.48. The combination of the
above facts justified why the officer did not need to perform a traditional pat-down.
3
See, e.g., Sturchio v. State, 136 S.W.3d 21, 24 (Tex. App.—San Antonio 2002, no pet.)
(explaining that an officer was able to conduct a weapon pat-down of a suspect because she knew from
experience that prostitutes frequently carried small weapons like scissors or fingernail files).
6
In Minnesota v. Dickerson, the Supreme Court expanded Terry to allow officers to
permissibly retrieve contraband that they immediately detected during a pat-down. 508
U.S. at 375–76. When performing a pat-down, if an officer ―feels an object whose
contour or mass makes its identity immediately apparent there had been no invasion of
the suspect‘s privacy beyond that already authorized by the officer‘s search for
weapons.‖ Id. at 375; Carmouche, 10 S.W.3d at 330. Therefore, the officer‘s subsequent
seizure of the object is valid. Carmouche, 10 S.W.3d at 330.
As in Adams, Officer Duncan obtained information that Williams may have a
weapon, and he was understandably concerned for his safety. But unlike Adams, Officer
Duncan did not refrain from conducting a pat-down because doing so would have been
dangerous or difficult, or because Williams refused to exit the car, or because he had
been told the weapon was hidden in her bra. Officer Duncan testified that Williams
complied with his request to exit the car, and that he did not conduct a pat-down on
Williams because she was a female.
Officer Duncan‘s reluctance to perform a pat-down on a female provides
insufficient justification for broadening the scope of the search, especially when a female
officer was on the scene and immediately available to conduct the pat-down in his place.
Having the female officer perform the pat-down would neither compromise officer safety
nor expose Williams to an overly broad search. Besides, we are aware of no authority
prohibiting a male officer from patting down a female suspect, nor has the State pointed
to any such authority.
In its brief, the State maintains that our decision in Johnson v. State demonstrates
that Officer Duncan‘s actions were proper.
See No. C14-92-00216-CR, 1992 WL
289330, at *1 (Tex. App.—Houston [14th Dist.] Oct. 15, 1992, no pet.) (mem. op., not
designated for publication). In Johnson, police officers tried to execute a search warrant
on a residence and the appellant fled. Id. When the appellant was apprehended, a female
officer asked her to reach under her blouse and shake out her bra. Id. The appellant
7
complied with the request, and drug paraphernalia fell out of her bra. Id. The issue in
Johnson, however, was not whether the request was permissible, but whether the officer
had reasonable, articulable facts that the appellant possessed a weapon. Id. at *2–3.
Because the scope of the search was not an issue in Johnson, it is distinguishable and the
State‘s reliance on it is misplaced.4
The State also compares aspects of Williams‘s case to the Court of Criminal
Appeals‘s conclusions in State v. Sheppard and Carmouche v. State. The State argues
that when a weapon may be concealed on the suspect and an officer is reasonably
concerned with his safety, then an officer can conduct a search. In both Sheppard and
Carmouche, the court decided that an officer could lawfully search the suspect for
weapons. State v. Sheppard, 271 S.W.3d 281, 288 (Tex. Crim. App. 2008); Carmouche,
10 S.W.3d at 330–31. But the facts in Carmouche and Sheppard initially involved a
police pat-down or frisk of the outer clothing of a suspect, not a search of the suspect‘s
undergarments. Sheppard, 271 S.W.3d at 284; Carmouche, 10 S.W.3d at 327. Only after
the initial frisk or pat-down did the court allow an officer to try to extract a weapon from
the suspect. See Sheppard, 271 S.W.3d at 288, 292; Carmouche, 10 S.W.3d at 330–31.
Here, the trial court concluded that Officer Duncan would have been justified in
conducting a pat-down of Williams. The distinction between Sheppard and Carmouche
and the case at bar is that Officer Duncan did not conduct a Terry pat-down before
employing more intrusive means of searching Williams.
If a pat-down had been
conducted, and if a weapon or other contraband had been detected as a result, then either
Officer Duncan or the female officer could have attempted to extract the item or could
have conducted a more intrusive search.
4
In addition to its flawed comparison with Johnson, the State improperly tried to link evidence of
flight to Williams. In its brief, the State argues that courts consider evidence of flight to decide if an
officer had reasonable suspicion to detain and search a suspect. The record clearly indicates that it was
the front-seat passenger that exited the vehicle after it stopped. Williams remained in the back seat of the
vehicle while Officer Duncan arrested Newman, and she never tried to escape.
8
Additionally, although Officer Duncan had been told that Williams had a knife, he
was not told, nor was there any other indication, that Williams had hidden the knife in her
bra. Furthermore, there is nothing to show that a pat-down would have been dangerous
or ineffective. Officer Duncan stated that he did not want to pat-down a female, but the
State has not cited any authority to show that he was therefore justified in conducting a
more intrusive search. And the ―more than average‖ size of Williams‘s bust, as Officer
Duncan described it, did not constitute a reasonable circumstance that would allow
officers to conduct an overly broad search. See Balentine, 71 S.W.3d at 770. Because
the State has not presented us with a situation justifying a search exceeding the scope of a
pat-down, we cannot say the trial court abused its discretion in suppressing the evidence.
B
The State asserts that Williams voluntarily consented to Officer Duncan‘s request
to maneuver her bra. Courts have held that consent to search is one of the specific and
―well-established exceptions to the constitutional requirements of both a warrant and
probable cause.‖ Carmouche, 10 S.W.3d at 331; see Schneckloth v. Bustamonte, 412
U.S. 218, 219 (1973); Flores v. State, 172 S.W.3d 742, 749 (Tex. App.—Houston [14th
Dist.] 2005, no pet.). The consent must be voluntary. Carmouche, 10 S.W.3d at 331;
Flores, 172 S.W.3d at 749.
The validity of consent is a question of fact that is
determined from all of the circumstances. Ohio v. Robinette, 519 U.S. 33, 40 (1996);
Carmouche, 10 S.W.3d at 331. When an individual gives consent to search, the consent
must ―not be coerced, by explicit or implicit means, by implied threat or covert force.‖
Schneckloth, 412 U.S. at 228; see also Allridge v. State, 850 S.W.2d 471, 493 (Tex. Crim.
App. 1991) (―The consent must be shown to be positive and unequivocal, and there must
not be any duress or coercion.‖). ―Although the federal constitution only requires the
State to prove the voluntariness of the consent by a preponderance of the evidence, the
Texas Constitution requires the State to show by clear and convincing evidence that the
9
consent was freely given.‖ Carmouche, 10 S.W.3d at 331; see Flores, 172 S.W.3d at
749.
Courts consider many factors in deciding if a suspect‘s consent was given
voluntarily. Flores, 172 S.W.3d at 749–50. These factors include: (1) whether the
consenting person was in custody; (2) whether the suspect was arrested at gunpoint; (3)
whether the suspect had the option of refusing consent; (4) the constitutional advice given
to the suspect; (5) the length of detention; (6) the repetitiveness of the questioning; and
(7) the use of physical punishment. Id. We also consider the suspect‘s age, intelligence,
and education. Flores, 172 S.W.3d at 750. Therefore, the examination of the totality of
the circumstances should include all the circumstances before the search, the suspect‘s
reaction to pressure, and any other factor deemed relevant. Reasor v. State, 12 S.W.3d
813, 818 (Tex. Crim. App. 2000).
When a suspect‘s consent may be questionable, courts consider the above factors
in deciding if consent was voluntary. Reasor, 12 S.W.3d at 818–19 (discussing that
although the defendant was arrested at gunpoint, his consent to search his house was
voluntary because he had received his statutory warnings two times, he signed a consent
form, and he was repeatedly warned he had the right to remain silent); Carmouche, 10
S.W.3d at 332–33 (holding the appellant‘s consent was not voluntary because four police
officers backed him up against a car when they asked him to consent, he was never told
he had the right to refuse consent, and officers had already searched the appellant during
a Terry frisk); Flores, 172 S.W.3d at 750–52 (stating the court decided, after reviewing
the totality of the circumstances, that the appellant‘s consent was not voluntary because
the appellant was never given his Miranda warnings, the appellant twice declined the
officer‘s request to search, the appellant was handcuffed and under arrest when he
consented, the officers used coercive tactics to push the appellant to consent to the search,
and the officers threatened to vacate the appellant‘s mother and young son from the house
during the search if the appellant did not consent). The number of officers present at the
10
scene is significant in determining the validity of consent. Manzi v. State, 56 S.W.3d
710, 717 (Tex. App.—Houston [14th Dist.] 2001), aff’d, 88 S.W.3d 240 (Tex. Crim. App.
2002). ―The Court of Criminal Appeals has been critical of consent given in the face of
numbers of armed officers.‖ Id. (citing Lowery v. State, 499 S.W.2d 160, 168 (Tex.
Crim. App. 1973)). Courts have considered the fact that the appellant initially refused to
give consent; however, courts have also recognized the ability for a person to change his
mind and later consent. Manzi, 56 S.W.3d at 718. Finally, courts have tried to balance
the fact that a suspect was not informed he could refuse to consent with the premise that
officers have no affirmative obligation to inform the suspect he may refuse to consent.
Carmouche, 10 S.W.3d at 332–33; Manzi, 56 S.W.3d at 718–19.
The State cites to McAllister v. State, Champenois v. State, and Collins v. State for
the proposition that because Williams complied with Officer Duncan‘s request, the trial
court should not have suppressed the evidence of drugs. See McAllister v. State, 34
S.W.3d 346, 350–351 (Tex. App.—Texarkana 2000, pet. ref‘d); Champenois v. State,
874 S.W.2d 254, 258 (Tex. App.—Houston [1st Dist.] 1994, pet. ref‘d); Collins v. State,
No. 14-06-00889-CR, 2007 WL 3287879, at *4 (Tex. App.—Houston [14th Dist.] Nov.
6, 2007, no pet.) (mem. op., not designated for publication).
The State urges that it is
permissible for officers to ask a suspect to remove an item of clothing, such as a shoe, if a
suspect voluntarily consents. See Champenois, 874 S.W.2d at 258; Collins, 2007 WL
3287879, at *4. Although in Collins and Champenois the courts held that officers
permissibly asked a suspect to remove a shoe, the circumstances surrounding those cases
are factually different from the case at bar. Champenois, 874 S.W.2d at 258; Collins,
2007 WL 3287879, at *4. In Collins and Champenois, the suspects never argued their
consent was involuntary.
Champenois, 874 S.W.2d at 258 (―Officer Stone asked
[appellant] if he would consent to be searched. Appellant replied, ‗Sure, I consent to
search‘ . . . [appellant] also admitted that he gave his assent.‖); Collins, 2007 WL
3287879, at *4 (―Appellant neither asserts nor cites evidence suggesting that his removal
of his shoes was anything other than consensual . . . .‖). Additionally, the appellant in
11
McAllister also voluntarily consented. McAllister, 34 S.W.3d at 351. The police officer
offered to give McAllister a ride home after the officer had arrested the driver of the
vehicle in which McAllister was a passenger. Id. The officer explained he needed to
conduct a pat-down of McAllister before he entered the officer‘s vehicle. Id. The court
concluded that McAllister indicated his consent by throwing his hands in the air. Id.
Here, Williams physically and verbally indicated she did not want to comply with
Officer Duncan‘s request. In the findings of fact, the trial judge found that ―Williams
refused, began crying, and said she did not want to pull out her bra.‖ This finding
demonstrates that Williams did not simply and readily consent like the suspects in
Collins, Champenois, and McAllister.
Before Williams was searched, the trial court found she remained seated in the
back of the vehicle, she did not make any sudden movements, and she did not attempt to
escape. Before Officer Duncan even asked Williams to step out of the vehicle, the frontseat passenger had fled the vehicle, the other back-seat passenger was pulled out of the
vehicle and patted down, and the driver was searched and arrested for possession of
prescription pills. Williams witnessed all these events from the back seat of the vehicle.
The trial court found that at least two other officers arrived on the scene to assist Officer
Duncan, including one female officer. The officers arrived on the scene before Officer
Duncan requested that Williams pull out her bra and maneuver it. There is neither a
finding of fact nor testimony from Officer Duncan to show that he informed Williams she
had the right to refuse to acquiesce to his request, or that he read Williams her
constitutional rights. After Officer Duncan asked Williams to maneuver her bra, she
―refused, began crying, and said she did not want to pull out her bra.‖ Officer Duncan
asked Williams a second time before she complied with his request. Although Williams
was not under arrest, held at gunpoint, or threatened with physical punishment, the State
has not provided clear and convincing evidence that Williams consented voluntarily.
Carmouche, 10 S.W.3d at 331. After examining the totality of the circumstances leading
12
up to the search and the suspect‘s reaction to the pressure of the situation, we conclude
that Williams did not voluntarily consent to Officer Duncan‘s request.
C
The State contends that even if we hold ―an issue of search did not exist‖ or
Williams‘s consent was not voluntary, Officer Duncan‘s request for Williams to
maneuver her bra is still permissible because the request was less intrusive than a patdown search. The State cites Bell v. Wolfish and McGee v. State to support its argument
that law enforcement‘s interest can outweigh the intrusiveness of the search. See Bell v.
Wolfish, 441 U.S. 520, 560 (1979); McGee v. State, 105 S.W.3d 609, 616 (Tex. Crim.
App. 2003). In Bell, a prison guard was searching an inmate for contraband, and the
search involved an intrusive visual body-cavity search. 441 U.S. at 558. In McGee, an
officer performed a search pursuant to a lawful arrest at a fire station, and the search was
also an intrusive visual body-cavity search. 105 S.W.3d at 615. Although these cases
discuss degrees of intrusion, the searches are body-cavity searches, which are
significantly different from a Terry pat-down. Thus, the cases the State cites do not
support its position. Accordingly, we overrule the State‘s issue on appeal and affirm the
trial court‘s ruling.
***
For the foregoing reasons, we affirm the trial court‘s judgment.
/s/
Jeffrey V. Brown
Justice
Panel consists of Justices Yates, Brown, and Boyce. (Yates, J. concurring)
Publish — TEX. R. APP. P. 47.2(b).
13
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