Mike Seymour Mount v. State
Mike Seymour Mount v. State
Opinion
Affirmed; Majority and Concurring Opinions of August 8, 2006, Withdrawn, and Substitute Majority and Concurring Opinions filed February 15, 2007.
In The
Fourteenth Court of Appeals
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NO. 14-05-00842-CR
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MIKE SEYMOUR MOUNT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law Number Eleven
Harris County, Texas
Trial Court Cause No. 1291992
S U B S T I T U T E C O N C U R R I N G O P I N I O N
I would overrule appellant=s third and fourth points of error on the ground that: (1) the police officers had reasonable suspicion to make an investigatory stop of appellant=s vehicle based on the radio dispatch; (2) the challenged evidence of his intoxication would have been readily apparent in the course of such a lawfully conducted investigative detention; (3) the evidence was therefore not obtained as a result of any conduct in making the stop that could have gone beyond an investigative detention and thereby amounted to an arrest; and, therefore, (4) the challenged evidence was either not within the scope of the exclusionary rule or was subject to the inevitable discovery exception to that rule.[1]
/s/ Richard H. Edelman
Justice
Judgment rendered and Majority and Concurring Opinions filed February 15, 2007.
Panel consists of Justices Anderson, Edelman, and Frost (Frost, J., majority).
Publish C Tex. R. App. P. 47.2(b).
[1] In response to this reference to the inevitable discovery rule, appellant=s motion for rehearing en banc states that the federal constitutional law of inevitable discovery has no place in Texas search and seizure law, citing State v. Daugherty, 931 S.W.2d 268 (Tex. Crim. App. 1996). However, this contention ignores the fact that appellant=s challenge on appeal to the denial of his motion to suppress was based exclusively on the Fourth Amendment to the United States Constitution (without any mention whatever of the Texas Constitution). While a State is free to provide greater restrictions on police activity under its own state law than is imposed under federal law, it may not impose any greater restrictions as a matter of federal law. Arkansas v. Sullivan, 532 U.S. 769, 772 (2001). Therefore, to the extent inevitable discovery has no place in Texas search and seizure law, Texas search and seizure law has no place in this appeal.
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