Tucker v. State

Opinion

BRIAN QUINN, Justice.

Tommy Lee Tucker (appellant) appeals his conviction for possession of a controlled substance. Via a single issue, appellant contends that the trial court erred by failing to grant his motion to suppress. Appellant contended below and here that the officer who stopped him for a traffic violation lacked justification to frisk the outside of a fanny pack he wore at the time. For the following reasons, we agree and reverse.

Standard of Review

The standard of review applicable is one of abused discretion, as described in Guzman v. State, 955 S.W.2d 85, 89…