Joe Rivera Guzman v. State

The district court found appellant guilty of possessing less than twenty-eight grams of heroin and assessed punishment at imprisonment for twenty years. Texas Controlled Substances Act, Tex. Health & Safety Code Ann. § 481.115 (West 1992). In two points of error, appellant urges that the heroin was unlawfully seized and that the court erred by admitting it in evidence after overruling his motion to suppress.

On the afternoon in question, Austin police officer Troy Gay was on patrol in the 1700 block of East First Street when he saw a male pedestrian flag down a passing vehicle. As the officer…