In a recent firearm case coming out of a Texas court, the defendant appealed his conviction, arguing that the officer that found a firearm in his car did not have the right to pull him over in the first place. Because the officer illegally conducted the traffic stop, argued the defendant, the evidence found as a result of the traffic stop should have been suppressed. The court of appeals disagreed with the defendant, affirming the original conviction.
Facts of the Case
According to the opinion, the defendant was driving one evening when an officer pulled him over at a major intersection. The officer informed the defendant that he made a wide right turn, swerving into an adjacent lane as a result of the turn. As the officer spoke to the defendant, he noticed the smell of marijuana and decided to conduct a search of the vehicle.
Upon looking inside the car, the officer found a firearm in the glove box. The officer gave the defendant Miranda warnings, and the defendant admitted that he knew he had the firearm in his glove box. The defendant explained to the officer that he was holding the firearm for a friend temporarily. The defendant was charged and convicted of possession of a firearm.