BROUSSARD v. STATE

No. 14-13-00406-CR.

434 S.W.3d 828 (2014)

Morgan Lee BROUSSARD, Appellant v. The STATE of Texas, Appellee.

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

June 5, 2014.


Attorney(s) appearing for the Case

Mark Kratovil , Houston, for Appellant.

Abbie Miles , Houston, for the State.

Panel consists of Chief Justice FROST and Justices DONOVAN and BROWN.


OPINION

KEM THOMPSON FROST, Chief Justice.

In this appeal we are presented with three issues, all of which relate to the constitutionality of detaining appellant, whom police officers believed was smoking marijuana. The police testified they believed appellant was smoking marijuana because they smelled marijuana and saw appellant smoking. Appellant was actually smoking a "Kush" cigar. While police detained him, they found cocaine and charged appellant with...

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