Court of Criminal Appeals of Texas

Kevin Braniard Davis, Appellant v. the State of Texas, Appellee

April 15, 19921992 Tex. Crim. App. LEXIS 97

Summary

The Court held that while the investigatory stop of Davis was justified, the officer's search of a matchbox exceeded the permissible scope of a Terry frisk and therefore the cocaine evidence must be suppressed; the Court of Appeals judgment was reversed and the case remanded. Justice Miller dissented, arguing the majority erred in distinguishing Texas v. Brown.