Florence, Thomas Wayne
WR-63,775-21
| Tex. App. | Jun 5, 2015Background
- On Dec. 30, 1998 Texas City police surveilled a beige Oldsmobile matching the defendant Terrance Brooks's description after being told he was a robbery suspect. An officer observed a man holding a clear plastic bag with a white substance enter the car and drive away.
- Officers activated emergency lights; Brooks ran a red light, jumped from the moving car, and fled on foot into an apartment complex carrying the clear bag. He was tackled and detained; the bag tested positive for cocaine (≈400+ grams).
- Police presented three justifications at the suppression hearing: (1) outstanding municipal warrants (19 warrants, of which the trial court found 7 valid), (2) Brooks’s flight/evading arrest, and (3) visible possession of a bag of suspected cocaine.
- Brooks moved to suppress the cocaine, arguing the municipal warrants lacked probable cause and that evidence/admissions of extraneous offenses at punishment were admitted without the Article 37.07, §3(g) notice.
- The trial court denied the motion to suppress (explicitly relying on the seven valid municipal warrants); Brooks pled no contest, was convicted and sentenced to 40 years. He appealed.
- The court of appeals affirmed: it found (a) at least one independent basis for probable cause (warrants valid), (b) even if warrants were defective, flight and the visible bag supplied probable cause, and (c) any failure to give notice of extraneous bad acts under Article 37.07 was harmless.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Brooks) | Held |
|---|---|---|---|
| Validity of municipal failure-to-appear warrants as basis for arrest/search | Warrants (7 of 19) were supported by sufficient information (clerk/judge knowledge) and therefore gave officers probable cause to arrest | Warrants lacked supporting affidavits with personal knowledge and so lacked probable cause | Court held the seven warrants were valid and provided probable cause (and upheld suppression denial) |
| Probable cause based on flight/evading arrest | Brooks’s flight after officers activated lights and siren provided probable cause to arrest for evading and thus justify seizure/search | Brooks claimed he fled because he feared an officer with a drawn gun, and that warrants were the only basis for arrest | Court held flight (running from a show of authority) supported probable cause independent of warrants |
| Probable cause based on observation of contraband | Officers observed Brooks holding a clear bag with white powder as he ran, which gave probable cause to arrest/search | Brooks argued arrest/search were unlawful absent valid warrants | Court held visible possession of suspected contraband supplied probable cause for arrest and seizure |
| Admission of extraneous offenses at punishment without Art. 37.07, §3(g) notice | If notice required only for extraneous bad acts without final convictions; State argued no notice required for matters already final | Brooks argued State failed to give required pretrial notice of extraneous offenses in presentence report | Court held any Article 37.07 notice error was harmless given presence of prior final convictions and the trial court’s statement limiting consideration to only convictions |
Key Cases Cited
- Long v. State, 823 S.W.2d 259 (Tex. Crim. App. 1991) (standard of review for suppression rulings)
- Hill v. State, 902 S.W.2d 57 (Tex. App.) (deference to trial judge as factfinder at suppression hearing)
- Ross v. State, 32 S.W.3d 853 (Tex. Crim. App. 2000) (deference on mixed questions of law and fact where credibility is central)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (review of probable cause and deference to trial court findings)
- Villarreal v. State, 935 S.W.2d 134 (Tex. Crim. App. 1996) (appellate rule: correct rulings may be upheld on different grounds)
- Whiteley v. Warden, 401 U.S. 560 (U.S. 1971) (probable cause requirement for warrants and arrests)