Throwing An Object from a Moving Car Before Police Arrest
Is an object thrown from a moving car admissible as evidence of possession ?
In Raleigh v. State, 740 S.W.2d 25, 28 (Tex. App.--Houston [14th Dist.] 1987, no pet.), the defendant argued the 30 to 45 seconds during which the officer did not observe the area where the object had been thrown, broke the nexus between the defendant and the contraband.
The Raleigh court rejected the argument and found the evidence sufficient.
In resolving the issue, this Court relied on Noah v. State, 495 S.W.2d 260, 263 (Tex. Crim. App. 1973).
In Noah, a peace officer saw the defendant throw a package from his fast moving car.
After the officer caught up to and arrested the defendant, he returned to the place where the package had been thrown.
The officer recovered the package approximately three to five minutes after it had been discarded by the defendant.
The Noah court concluded the evidence was sufficient to prove possession. See id. at 264.