Hensley v. State

DISSENTING IN PART and CONCURRING IN PART

I disagree with the majority opinion that the police were authorized to search the automobile in question. The appellant was seen standing near a U Totem Store in Houston some fifteen minutes before the store was to be closed for the night. The officer who observed appellant at that location had previously seen an automobile parked near a closed service station. Appellant was questioned by the officer as to whether the automobile near the service station was his and he replied that it was not. The officer then noticed a bulge in appellant’s pocket.…