Cortinas v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for possession of a switchblade knife. Punishment was assessed by the court at confinement in the county jail for ten days and a fine of $175, but appellant was placed on probation for a term of twelve months.

Appellant contends that the knife in question was seized in the course of an unlawful search of his person. Although not without difficulty, we agree, and reverse the conviction.

At approximately midnight on May 10, 1977, Austin police officer Rennie Dunn received a radio report of an armed robbery at a grocery store. In the report,…