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CUNNINGHAM v. STATE

No. 14-98-00960-CR.

11 S.W.3d 436 (2000)

James David CUNNINGHAM, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

January 27, 2000.

Attorney(s) appearing for the Case

Kent A. Schaffer, Houston, for appellants.

Rikke Burke Graber, Houston, for appellees.

Panel consists of Justices MAURICE E. AMIDEI, EDELMAN, and WITTIG.

OPINION

DON WITTIG, Justice.

This case arises out of a traffic stop of James David Cunningham which escalated into his arrest for misdemeanor possession of marijuana. On a motion to suppress, appellant argued the officer detained him longer than necessary and exceeded the scope of his limited consent to search his vehicle. Therefore, the search violated the Texas and U.S. Constitutions and Tex. Code Crim. Proc. Ann. art. 14 and art. 38.23. The motion was...

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