Diho Lloyd Brown v. the State of Texas

Summary

The Ninth District Court of Appeals of Texas affirmed Diho Lloyd Brown’s conviction for possession of a controlled substance and the denial of his motion to suppress. The court held that the traffic stop was supported by probable cause and that Brown voluntarily consented to the search of his person and shoe, without revoking that consent.

Holdings

1. The traffic stop was reasonable and supported by probable cause because the officer observed Brown traveling above the posted speed limit.
2. Brown voluntarily consented to the warrantless search of his person, including his shoes, and the consent was valid under the totality of the circumstances.
3. Brown did not revoke his consent; his hesitation and initial failure to release the shoe, followed by his ultimate release and continued cooperation, did not clearly communicate withdrawal of consent.

Questions Presented

1. Whether the traffic stop was reasonable and supported by probable cause.
2. Whether Brown voluntarily consented to the warrantless search of his person and shoes.
3. Whether Brown revoked his consent by hesitating or initially failing to release his shoe.

Disposition

affirmed