John Smithwick v. State

IN THE

TENTH COURT OF APPEALS

No. 10-04-00024-CR

John Smithwick,

Appellant

v.

The State of Texas,

Appellee

From the County Court at Law

Ellis County, Texas

Trial Court # 03-10608-CR

MEMORANDUM Opinion

Charged with possession of marihuana, John Smithwick filed a motion to suppress the evidence because the arresting officer did not have reasonable suspicion to perform a protective search of his vehicle. The trial court denied Smithwick’s motion. We affirm.

Background

As State Trooper Robert Bernard Jr. was driving on US 287 toward the intersection of US 287 and Reagor Springs Road, he observed a pick-up…