Daryl Washington v. The State of Texas

Summary

The Texas Court of Appeals for the Seventh District affirmed Daryl Washington’s convictions for possession of a controlled substance and possession of a firearm by a convicted felon. The court held that the officer’s observation of an open container provided probable cause to search the vehicle and a reasonable basis to extend the traffic stop. It also held that Washington’s unrestricted consent to search his pockets included consent to open a container found inside them.

Holdings

1. The officer had a legitimate basis to extend the traffic stop because the open container observed in plain view supplied probable cause to investigate an open-container violation and search the vehicle.
2. The vehicle search was lawful because the officer's observation of the open container in plain view established probable cause to search the vehicle for open containers and related evidence.
3. The record supported the trial court's conclusion that Washington voluntarily consented to a search of his pockets for contraband, not merely to a weapons pat-down.
4. General, unqualified consent to search Washington's pockets included consent to search containers found within those pockets.

Questions Presented

1. Whether the officer unlawfully prolonged the traffic stop after observing an open container of alcohol.
2. Whether the officer's search of the vehicle was supported by probable cause arising from the open container observed in plain view.
3. Whether Washington's consent to search his pockets was involuntary or limited to a weapons pat-down.
4. Whether the general consent to search Washington's pockets included consent to open a container found inside them.

Disposition

affirmed