Can a Cop Arrest You After Getting Out of Parked Car ?
Is arresting suspect who got out of a parked car considered ''police stop'' ?
In Stewart v. State, 603 S.W.2d 861, 862 (Tex. Crim. App. 1980), on routine patrol Nacogdoches police observed a van and auto parked at the end of a dead end street near a home construction site.
There were no other homes.
When the officers approached the darkened van, they shown their light, the occupants got out, and the police smelled marihuana.
As the court duly noted:
"The police did not stop Stewart. the van was already stopped. Stewart got out of the van without being requested to do so." Id. So then the State cites Merideth v. State, 603 S.W.2d 872, 873 (Tex. Crim. App. 1980).
There a 3 a.m. call to police prompted investigation into an area of frequent burglaries. Officer Kocik saw a stopped auto and because he could not see in the window, knocked at the car door.
Once again the court noted this is no stop.
When Merideth opened his door, the officer smelled marihuana.
Then by his flashlight the officer saw a hand rolled butt as well as a smoky haze to complement the marihuana smell.