TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Tampering
Go
New
Find
Notify
Tools
Reply
  
Tampering Login/Join 
Member
posted
Traffic stop for speeding, no blinker, etc.... Before car stops, someone tosses "something" out the window. It is found and is dope. Tampering? Would it fall under 37.09 (d)(1)...knowing an offense has been committed....subsequent investigation?
 
Posts: 100 | Location: Nacogdoches, Texas, USA | Registered: June 19, 2001Reply With QuoteReport This Post
Member
posted Hide Post
The 5th in Dallas says "no." ​See Pannell v. State, 7 S.W.3d 222 (Tex. App. -- Dallas, 1999).
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
Member
posted Hide Post
Actually... now that I look at this again, this decision was before the language specifically mentioned "subsequent proceeding," I think. Which makes more sense because of other case law out there. So disregard.

Instead, check out Hollingsworth v. State, 15 S.W.3d 586 (Tex. App -- Austin, 2000). The issue there is really more about the dictionary definition of "concealed" and whether or not you get there on your facts.
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
Member
posted Hide Post
Pannell has some VERY negative history. Williams v. State essentially overrules that holding. 270 S.W.3d 140 (Ct. Crim. App. - 2008).

I have charged this fact pattern on numerous occasions without a problem. It would be news to me if it's not allowed.
 
Posts: 394 | Location: Waco, Tx | Registered: July 24, 2009Reply With QuoteReport This Post
Member
posted Hide Post
No, you're correct. As soon as I posted that I thought "that's just not right. I'm missing something." Thanks for the supplements.
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
Member
posted Hide Post
Check out Thornton v. State, 425 S.W.3d 289, 293 (Tex. Crim. App. 2014), dealing with a defendant guilty of attempted tampering with physical evidence by concealment when he abandoned a crack pipe by pulling it from his pocket and dropping it, but the police officer never lost sight of it. Hollingsworth has some negative history, the 11th has said they disagree with it twice, once on a case I argued as a defense attorney. I recently got to argue the holding of that same case that I was originally on the losing side of, which was kind of funny.
 
Posts: 21 | Registered: January 07, 2010Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Tampering

© TDCAA, 2001. All Rights Reserved.