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Robert Alexander Herrera v. State

Citation: Not availableDocket: 13-05-00102-CR

Court: Court of Appeals of Texas; December 13, 2006; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the appellant was convicted following a guilty plea for aggravated possession of a controlled substance with intent to deliver, receiving a 20-year sentence. The appellant contested the trial court's denial of his motion to suppress evidence, arguing that the initial police stop constituted an unlawful arrest without a warrant, thus violating his constitutional rights. The court examined whether the police conduct during the vehicle stop amounted to an arrest rather than an investigative detention. It concluded that the appellant was effectively under arrest due to the restrictive actions of the officers. The court found that probable cause for this arrest existed based on credible information from a confidential informant and corroborated by police surveillance. As the arrest was deemed lawful under Texas Code of Criminal Procedure Article 14.01(b), the cocaine discovered in the appellant's vehicle was admissible, negating the need to assess the issue of voluntary consent for the vehicle search. Consequently, the court affirmed the judgment of the trial court, validating the evidence and upholding the appellant's conviction.

Legal Issues Addressed

Admissibility of Evidence under Article 38.23

Application: The court affirmed the admissibility of evidence obtained from the appellant's vehicle as it was lawfully seized incident to a valid arrest.

Reasoning: Any evidence obtained from the valid arrest was admissible, thus, the cocaine was not subject to exclusion under article 38.23 of the Texas Code.

Investigative Detention versus Arrest

Application: The court determined that the appellant was effectively under arrest at the onset of the police stop due to the degree of restraint imposed by the officers.

Reasoning: The facts indicate that the appellant was effectively trapped by four police vehicles, with five officers drawing their weapons and ordering him out, creating a situation where he could not reasonably feel free to leave.

Voluntariness of Consent to Search

Application: The court found the issue of consent unnecessary to address as the evidence was obtained through a lawful arrest, rendering the voluntariness of consent irrelevant.

Reasoning: Consequently, the issue of the appellant's consent to search was deemed unnecessary to address.

Warrantless Arrest and Probable Cause under Texas Law

Application: The court evaluated the totality of the circumstances and determined that probable cause existed for a warrantless arrest based on reliable informant information and officer observations.

Reasoning: The court referenced case law stating that officers may rely on trustworthy information from others to formulate probable cause.