State v. Hunter

OPINION

SUE WALKER, Justice.

I. Introduction

The State appeals from the trial court’s order suppressing less than two ounces of useable marijuana seized from appellee James Christopher Hunter’s truck after he was stopped for a missing front license plate. See Tex.Code Crim. Proc. Ann. art. 44.01(5) (Vernon Supp.2003). In five points, the State argues that the search was constitutionally sound and that, in any event, Hunter consented to the search of his truck. The determinative issue in this appeal is whether the State met its burden to establish by clear and convincing evidence that Hunter’s…