NUMBER 13-19-00258-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG 

 

JAKE FLORES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

 

On appeal from the 25th District Court

of Gonzales County, Texas.

 

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Hinojosa and Silva

Memorandum Opinion by Justice Hinojosa

Appellant Jake Flores appeals his conviction for possession of a controlled 

substance in penalty group one in an amount of more than one gram but less than four 

grams, a third-degree felony enhanced for punishment by Flores’s prior felony conviction. 

See TEX. HEALTH & SAFETY CODE ANN. § 481.115(c). Flores pleaded guilty pursuant to a 
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plea-bargain agreement, and the trial court sentenced him to five years’ imprisonment. In 

one issue, Flores argues that the trial court erred in denying his pretrial motion to suppress 

evidence obtained during a traffic stop. We affirm.

I. BACKGROUND

A grand jury returned an indictment charging Flores with “knowingly possess[ing], 

with intent to deliver, a controlled substance, namely methamphetamine, in an amount of 

four grams or more but less than 200 grams” and with having a prior felony conviction. 

See id. §§ 481.102(d), 481.115(d). Flores filed a motion to suppress evidence obtained 

during a traffic stop of a vehicle occupied by Flores, arguing that the evidence was 

obtained in violation of the Fourth Amendment. See U.S. CONST. amend. IV. 

Nixon Police Department Officers Aaron Shaw and Donna Rupert testified at the 

suppression hearing. According to their testimony, Officer Shaw initiated a traffic stop 

after observing a vehicle fail to signal the proper distance before turning. See TEX.

TRANSP. CODE ANN. § 545.104(b). Upon approaching the vehicle, Officer Shaw asked the 

four occupants for their identification. Officer Rupert arrived at the scene as Officer Shaw 

was making contact with the driver. Officer Rupert stated that the driver of the vehicle and 

its three passengers, which included Flores, were known users of narcotics and the 

vehicle was coming from an area known for narcotic activity. Officer Rupert observed that 

the occupants of the vehicle appeared nervous. She stated that Flores was “very fidgety” 

and that he kept “messing with his jacket.” 

When Officer Shaw went to his patrol vehicle to check for outstanding warrants, 

Officer Rupert shared that she believed there were narcotics in the vehicle. Officer Shaw 
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returned to the vehicle and issued a citation to the driver for driving without motor vehicle 

insurance. See id. § 601.051. Officer Shaw then asked for the driver’s consent to search 

the vehicle, which she provided.

After everyone exited the vehicle, Officer Shaw conducted a search and 

immediately observed a black pouch on the floorboard in the back seat. Officer Shaw 

found a glass pipe and two individual plastic baggies containing a white crystal-like 

substance inside the pouch. Officer Shaw believed the substance to be 

methamphetamine. He noted that the pouch was within reach of everyone in the vehicle. 

Therefore, he concluded that he had probable cause to arrest all the vehicle’s occupants. 

Officer Shaw first placed the occupant sitting closest to the pouch in handcuffs. He then 

searched the persons of the remaining occupants. When Officer Shaw searched Flores, 

he found several individual plastic baggies in his jacket pocket containing what Officer 

Shaw believed to be methamphetamine. A video of the traffic stop was admitted into 

evidence. 

The trial court signed an order denying the motion to suppress, and it later issued 

the following findings of fact and conclusions of law:

I. Findings of Fact

1. The vehicle in which the defendant was the front seat passenger 

committed the traffic offense of failing to signal proper distance 

before turning.

2. All of the vehicle’s passengers, with the exception of the driver, 

appeared to be very nervous.

3. Officer Shaw issued a warning for the traffic violation and a citation 

for not having insurance on the vehicle.
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4. As Officer Shaw handed the driver the citation, Officer Shaw asked 

for consent to search the vehicle.

5. The driver provided free and voluntary consent without delay to the 

search of the vehicle.

6. The defendant was not physically detained or otherwise told he was 

not free to leave.

7. Upon searching the vehicle Officer Shaw immediately found a small 

black makeup bag that contained a pipe used to smoke 

methamphetamine and two small baggies containing

methamphetamine.

8. Officer Shaw and Officer Ruppert have sufficient training and 

experience to identify methamphetamine.

9. The bag containing the methamphetamine was within reach of all of 

the vehicle’s occupants.

10. All of the vehicle’s occupants, including the defendant, were 

searched.

11. Officer Shaw located a clear plastic bag containing 

methamphetamine and twelve smaller bags all containing 

methamphetamine in the defendant’s front jacket pocket.

12. The defendant was arrested for possession of a controlled substance 

with intent to deliver.

13. The driver never withdrew her consent to search the vehicle.

14. The court finds Officer Shaws’s [sic] testimony to be credible in all 

respects.

15. The court finds Officer Ruppert’s [sic] testimony to be credible in all 

respects.

II. Conclusions of Law

1. Officer Shaw had reasonable suspicion and probable cause to stop 

the vehicle for a traffic violation.

2. The search of the vehicle was justified by the driver’s free and 
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voluntary consent to the search.

3. The defendant was never unlawfully detained.

4. Because the methamphetamine found in the vehicle was within close 

proximity to the defendant there was probable cause to arrest the 

defendant for possession of a controlled substance.

5. The search of the defendant was a proper search incident to arrest 

and Officer Shaw had probable cause to search the defendant.

After the trial court’s ruling, Flores pleaded guilty pursuant to a plea bargain 

agreement to the lesser offense of possessing a controlled substance in penalty group 

one in an amount greater than one gram but less than four grams. See TEX. HEALTH &

SAFETY CODE ANN. § 481.115(c). The trial court sentenced Flores to five years’ 

imprisonment and certified Flores’s right to appeal its order denying the motion to 

suppress. See TEX. CODE CRIM. PROC. ANN. art. 44.02. 

II. DISCUSSION

In his sole issue, Flores argues that the trial court erred in denying his motion to 

suppress because “[t]he warrantless search of the [] vehicle was an illegal 

detention/search[.]” Specifically, Flores argues that the driver of the vehicle withdrew her 

consent to search the vehicle at some point during the traffic stop. Flores also argues that 

the search of his person was not supported as a search incident to arrest “because there 

was no arrestable offense for [Flores.]” 

A. Standard of Review & Applicable Law

In reviewing a trial court’s ruling on a motion to suppress, we apply a bifurcated 

standard of review, giving “almost total deference” to a trial court’s determination of 

historical facts and mixed questions of law and fact that rely upon the credibility of a 
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witness, but applying a de novo standard of review to pure questions of law and mixed 

questions that do not depend on credibility determinations. Martinez v. State, 348 S.W.3d 

919, 922 (Tex. Crim. App. 2011). When a trial judge makes written findings of fact, as 

here, we examine the record in the light most favorable to the ruling and uphold those 

fact findings so long as they are supported by the record. Baird v. State, 398 S.W.3d 220, 

226 (Tex. Crim. App. 2013). We then proceed to a de novo determination of the legal 

significance of the facts as found by the trial court. Id. We will uphold the trial court’s ruling 

if it is supported by the record and correct under any theory of law applicable to the case. 

Young v. State, 283 S.W.3d 854, 873 (Tex. Crim. App. 2009).

Pursuant to the Fourth Amendment, a warrantless search of either a person or 

property is considered per se unreasonable subject to a few specifically defined and wellestablished exceptions. McGee v. State, 105 S.W.3d 609, 615 (Tex. Crim. App. 2003). 

When a warrantless search is at issue, the State carries the burden in a motion to 

suppress to establish applicable exceptions to the warrant requirement. See id.

Established exceptions include the consent exception, the exigency exception, the 

automobile exception,1 the search-incident-to-arrest exception, and the special-needs 

exception. State v. Rodriguez, 521 S.W.3d 1, 10 (Tex. Crim. App. 2017). Under the Texas 

exclusionary rule, “[n]o evidence obtained . . . in violation of any provisions of the 

Constitution or laws of the State of Texas, or of the Constitution or laws of the United 

States of America, shall be admitted in evidence against the accused on the trial of any 

1 “Under the automobile exception, law enforcement officials may conduct a warrantless search of 

a vehicle if it is readily mobile and there is probable cause to believe that it contains contraband” Keehn v. 

State, 279 S.W.3d 330, 335 (Tex. Crim. App. 2009). The State does not rely on the automobile exception 

as justification for Officer Shaw’s search of the vehicle.
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criminal case.” TEX. CODE CRIM. PROC. ANN. art. 38.23(a); see Miles v. State, 241 S.W.3d 

28, 35 (Tex. Crim. App. 2007).

B. Consent 

Flores first argues that the driver of the vehicle withdrew her consent to search 

prior to Officer Shaw’s discovery of narcotics in the vehicle. Flores maintains that Officer 

Shaw’s continued search following the driver’s revocation of consent was a violation of 

the Fourth Amendment. 

Consent is a recognized exception to the Fourth Amendment’s warrant 

requirement. Blue v. State, 591 S.W.3d 255, 258 (Tex. App.—Houston [14th Dist.] 2019, 

no pet.); see Gutierrez v. State, 221 S.W.3d 680, 686 (Tex. Crim. App. 2007). Once a 

traffic stop is completed, an officer may ask the occupants of the vehicle whether they 

possess contraband and may further request consent to search without having 

reasonable suspicion; if the request for consent is denied, then the officer may not detain 

the occupants any longer without reasonable suspicion of criminal activity. See Ohio v. 

Robinette, 519 U.S. 33, 37 (1996); Simpson v. State, 29 S.W. 3d 324, 328 (Tex. App.—

Houston [14th Dist.] 2000, pet. ref’d); see also Hammons v. State, No. 13-15-00419-CR, 

2017 WL 219114, at *2 (Tex. App.—Corpus Christi–Edinburg Jan. 19, 2017, pet. ref’d)

(mem. op., not designated for publication). “To constitute a valid waiver of Fourth 

Amendment rights through consent, a suspect’s consent to search must be freely and 

voluntarily given.” State v. Villarreal, 475 S.W.3d 784, 799 (Tex. Crim. App. 2014). “An 

additional necessary element of valid consent is the ability to limit or revoke it.” Id.

Here, the trial court found that “[t]he driver provided free and voluntary consent 
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without delay to the search of the vehicle.” The trial court further found that “[t]he driver 

never withdrew her consent to search the vehicle.” The trial court’s findings are supported 

by the record. Both officers testified that the vehicle’s driver never withdrew her consent 

to search the vehicle. Officer Rupert further testified that when questioned by the driver, 

Officer Rupert informed her that it was the driver’s sole decision whether to consent. The 

video evidence supports the officers’ testimony. 

We find support in the record for the trial court’s finding that the vehicle’s driver did 

not withdraw her consent to search. Affording the proper deference to that finding, we 

conclude that the trial court did not err in concluding that Officer Shaw’s search of the 

vehicle was justified by an exception to the Fourth Amendment’s warrant requirement. 

See Martinez, 348 S.W.3d at 922.

C. Search Incident to Arrest

Next, Flores argues that the search of Flores’s person was not a proper search 

incident to arrest because the officers did not have probable cause to arrest Flores based 

on the discovery of methamphetamine in the vehicle he occupied. 

Police officers may search an arrestee incident to a lawful arrest, which is an arrest 

supported by probable cause. State v. Granville, 423 S.W.3d 399, 410 (Tex. Crim. App. 

2014); Baldwin v. State, 278 S.W.3d 367, 371 (Tex. Crim. App. 2009). Probable cause 

exists if, at the time the arrest is made, the facts and circumstances within the arresting 

officer’s knowledge, or of which the officer has reasonably trustworthy information, are 

sufficient to warrant a prudent person to believe that the arrested person had committed 

or was committing an offense. Amador v. State, 275 S.W.3d 872, 878 (Tex. Crim. App. 
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2009). The test for probable cause is an objective one, unrelated to the subjective beliefs 

of the arresting officer, and it requires a consideration of the totality of the circumstances 

facing the arresting officer. Id.; State v. Steelman, 93 S.W.3d 102, 107 (Tex. Crim. App. 

2002). A finding of probable cause requires more than bare suspicion but less than would 

justify conviction. Amador, 275 S.W.3d at 878. “If an officer has probable cause to arrest, 

[then] a search incident to arrest is valid if it is conducted before a formal arrest—at least 

if it is immediately before the arrest.” State v. Sanchez, 538 S.W.3d 545, 550 (Tex. Crim. 

App. 2017).

Flores does not challenge the trial court’s finding that a bag of methamphetamine 

was found inside the vehicle and “was within reach of all of the vehicle’s occupants.” The 

United States Supreme Court addressed a similar scenario in Maryland v. Pringle, 540 

U.S. 366 (2003). In that case, the driver of a vehicle in which Joseph Pringle was a 

passenger consented to a search of the car. Id. at 368. The police found cocaine between 

the armrest and the back seat of the car and arrested all three of the vehicle’s occupants. 

Id at 368–69. Later, Pringle admitted to police that he owned the cocaine. Id. Pringle 

moved to suppress his statement as the fruit of an illegal arrest. Id. at 369.

The Supreme Court held there was probable cause to arrest Pringle even though 

the police had no other information specifically showing that Pringle himself had 

knowledge, dominion, or control of the drugs:

We think it an entirely reasonable inference from these facts that any or all 

of the occupants had knowledge of, and exercised dominion and control 

over the cocaine. Thus a reasonable officer could conclude that there was 

probable cause to believe Pringle committed the crime of possession of 
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cocaine, either solely or jointly.

Id. at 372. 

Similarly, Officer Shaw discovered methamphetamine in the passenger 

compartment within reach of each of the vehicle’s occupants. The officers could have 

reasonably inferred from this fact that Flores committed the crime of possession of a 

controlled substance. Therefore, we conclude that the officers had probable cause to 

arrest Flores. See id.; Amador, 275 S.W.3d at 878; see also Johnson v. State, No. 10-06-

00309-CR, 2008 WL 2055422, at *3 (Tex. App.—Waco May 14, 2008, no pet.) (mem. 

op., not designated for publication) (“Although Johnson’s mere presence in the car that 

the police had probable cause to suspect contained contraband did not, in and of itself, 

give the police the right to also search Johnson, the police could search him after the 

marihuana was identified and he was arrested.”). Accordingly, the trial court did not err in 

concluding that the search of Flores’s person was incident to a lawful arrest. See 

Granville, 423 S.W.3d at 410.

D. Summary

Having rejected each of Flores’s arguments, we overrule his sole issue.

III. CONCLUSION

We affirm the trial court’s judgment. 

 LETICIA HINOJOSA

Justice

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed on the

25th day of February, 2021.