Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of January 17, 2011

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Goonan v. State,   No. 02-09-00260-CR    (Jan. 20, 2011)   (Meier, J., joined by Walker, J.; Dauphinot, J., concurs with opinion).  [Note: Both opinions are at the same link in one document.]

Held:   The trial court did not err by denying Appellant's motion to suppress the contents of a pill bottle found in the console of her vehicle. First, the arresting officer was lawfully inside Appellant's vehicle because she consented to the search. Second, the incriminating nature of the pill bottle was readily apparent because the pill bottle's label was made out to someone other than Appellant, the prescription was rather old and did not allow for refills, and the arresting officer found the pill bottle in the car's console—an area where Appellant had made furtive movements earlier. These facts warranted the officer's reasonable belief that the pill bottle contained contraband. Finally, the officer rightfully seized the pill bottle.

Concurrence:   I join the outcome because Appellant consented to the search and did not challenge the statutes, but the majority does not make plain the offense and circumstances of the offense that Appellant was accused of committing. Further, the legislature should reconsider the statutes defining "dangerous drug" and criminalizing the possession thereof because they raise more questions than they answer and do not appear to address the acquisition and storage of prescriptions in a real-world context.

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