State v. Gamez

WHATLEY, Judge.

Jose Luis Gamez, Jr., was charged with trafficking in methamphetamine and possession of paraphernalia. The trial court granted his motion to suppress based on its finding that Gamez did not consent to a search of his person and that, even if he had consented, such consent was a concession to police authority. We reverse because the evidence presented at the hearing on the motion to suppress does not support the trial court’s findings.

At the hearing, Detective David Ogg testified that he stopped Gamez’s car after it failed to stop at two stop signs. When Detective Ogg spoke with…