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Click here for the full text of this decision FACTS:By indictment, the state alleged that Mark V. Bryant “knowing that an investigation is in progress, did knowingly destroy a thing, to wit: a glass pipe, with the intent to impair its availability as evidence in the investigation.” Evidence showed that near midnight on June 14, 2005, Lubbock police officers responded to a 911 call reporting a fight in and outside a particular room of a Lubbock motel. Michael Chavez, the first officer on the scene, saw a vehicle backing out of a parking space in front of that room. Chavez stopped the vehicle and initiated conversation with Bryant and his female passenger. When neither was able to produce identification, the officers detained them further, removed them from the vehicle and handcuffed Bryant. As a result of a pat-down of Bryant, Chavez found a glass pipe of the type typically used to smoke methamphetamine. He removed the pipe from Bryant’s pocket and placed it on the trunk of his patrol car. Despite his handcuffs, Bryant was able to reach the pipe and break it on the ground. Bryant filed a motion to suppress, contending that the state’s evidence was the product of an illegal stop and detention. The trial court denied the motion after a hearing. At trial, the jury convicted Bryant of tampering with evidence as charged in the indictment and assessed punishment at confinement for life. Bryant filed a motion for new trial, which the trial court denied. This appeal followed. HOLDING:Affirmed. Bryant contended that the trial court reversibly erred by denying his motion to suppress the evidence “of [Bryant's] conduct during an otherwise illegal detention.” A person who is stopped or detained illegally, the court stated, is not immunized from prosecution for crimes committed during his detention period. Thus, the court held that the exclusionary rule did not require suppression of the evidence of Bryant’s destruction of the glass pipe in the presence of the officers, regardless whether the pipe was located following an unlawful detention. The same analysis applies under Texas Code of Criminal Procedure Art. 38.23, the court stated. Accordingly, the court held that the trial court did not abuse its discretion in denying Bryant’s motion to suppress. Next, Bryant argued that legally and factually insufficient evidence proved that he destroyed the glass pipe. Instead, Bryant asserted that the pipe’s evidentiary value remained after it shattered. Broken pieces of the glass tube could have been tested for the presence of controlled substances. In addition, he argued, the pieces thus had evidentiary value for a potential prosecution of Bryant for possession of drug paraphernalia. But the court concluded that the “thousand pieces” of glass would have less evidentiary value than the intact tube for the purpose of showing a jury that, when intact, it was an object used or intended to be used to inhale a controlled substance. Thus, the court found sufficient evidence supported a finding that Bryant destroyed the glass pipe. Finally, the court found that the jury charge tracked the language of Texas Penal Code �37.09 encompassed within the language of the indictment. Thus, the court held that the trial court did not err by refusing Bryant’s requested instruction. OPINION:Campbell, J.; Quinn, C.J., and Campbell and Hancock, JJ.

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