Montanez v. State

OPINION ON PETITION FOR DISCRETIONARY REVIEW

BILL VANCE, Justice.

This is a suppression case.

Appellant, a native of Puerto Rico, does not speak English well. He “consented” to a search of the vehicle he was driving. The definitive issue before us is whether the trial judge, in denying a motion to suppress the evidence, could have found by clear and convincing evidence that Appellant freely and voluntarily consented to the search. We conclude that the answer is “no.”

Appellant and an unrelated passenger, a native of the Dominican Republic who speaks less English than Appellant, both non-residents…