Nesloney v. State

OPINION

ELLIS, Justice.

Appellant was convicted under Tex.Parks & Wildlife Code § 47.037 (Vernon 1976) for refusing to allow an employee of the Department of Texas Parks and Wildlife to inspect aquatic products in his possession. A fine of $75.00 was assessed. We reverse.

In his third ground of error, appellant asserts the trial court erred in overruling his motion to quash the complaint because § 47.037 on its face violates the Fourth Amendment to the United States Constitution and Article 1, Section 9 of the Texas Constitution by allowing a criminal prosecution to result from a person’s…