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643 S.W.2d 427

Johnston v. State

Court of Appeals of Texas

Decided June 10, 1982

Court of Appeals of Texas · decided 1982-06-10

Cited by 1 later decisions — most recently August 2008

1 state decisions

Relies on Terry v. Ohio

Good law ✅— No negative treatment on recordhow we know

Decided 1982-06-10

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JAMES, Justice,

¶1concurring.

¶2I concur with the result reached by the majority of this panel but I respectfully disagree with the reasoning set forth in the decision.

¶3I am in complete agreement with the majority opinion’s presentation of the facts. However, the court reasons that the evidence obtained as a result of the search is admissible under the authority of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The search in the instant case was too extensive to come under the authority of a patdown search. I believe that *431there was sufficient probable cause to arrest appellant and thereafter search his person pursuant to that arrest.

¶4For that reason, I would overrule appellant’s sole ground of error and affirm the conviction.

¶5I concur in the result only.

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