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Johnson v. State

In his sole issue on appeal, appellant complains that the trial court erred in denying his motion to suppress. The Eastland Court of Appeals held that a canine sniff during a valid traffic stop violates neither the Fourth Amendment nor Article I, �9 of the Texas Constitution. Eastland Court of Appeals, 11-10-00111-CR, 08-16-2010

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OPINION

The jury convicted Michael Lynn Johnson of possession of a controlled substance, and the trial court assessed his punishment at two years confinement in a state jail facility and a $3,000 fine. The trial court suspended the imposition of the confinement portion of the sentence and placed appellant on community supervision for four years. We affirm.

Randy Shotts, formerly with the Stamford Police Department, testified that he stopped appellant for failure to stop at a stop sign. Officer Nicholas Saginaw overheard the stop on the radio. While Officer Shotts was running a check on appellant’s driver’s license, Officer Saginaw arrived at the scene with his drug-detection dog. Officer Saginaw had the dog conduct an open air search around the vehicle, and the dog alerted on the driver’s side door of the vehicle. Officer Saginaw testified that he searched the vehicle and found an “open alcohol container, a rock of crack cocaine, and a spoon that tested positive for the presence of cocaine.”

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