Fessler v. State

OWEN, Judge.

Appellant was convicted of possession of a controlled substance upon a plea of nolo contendere conditioned upon reserving his right to appeal the conviction and seek review of the order denying his motion to suppress.

The tangible evidence supporting the charge against appellant was discovered and seized by a police officer as a result of a warrantless search of the trunk of appellant’s automobile after it was stopped by the police officer for the purpose of checking the identification of appellant and his passenger. No arrest of appellant occurred until after the controlled…