546 S.W.3d 922
Tex. App.2018Background
- Appellant Anthony Herrera was indicted for burglary of a habitation (Sept. 22, 2015) and later tried before a jury; he was convicted and sentenced to 20 years and a $5,000 fine.
- Herrera moved to suppress all evidence obtained after a traffic stop, arguing the stop lacked reasonable suspicion; the trial court denied the motion and the objection was re-urged at trial.
- A neighbor, Linda Posada, called police after repeatedly seeing a red Monte Carlo driving around her neighborhood and alleys all day; she identified herself and gave a description of the vehicle and driver.
- Officer Geremiah Rodriguez received the dispatch, saw a matching red Monte Carlo, performed a U-turn, activated lights and siren when the driver initially failed to stop, and ultimately stopped the vehicle; stolen property was later found in the car and Herrera was arrested.
- The trial court instructed the jury that evidence from an unlawful stop must be disregarded; the jury convicted Herrera. On appeal, Herrera argued the stop was unlawful because the information provided gave no contextual facts linking him to criminal activity.
- The court found Posada was an identified, accountable citizen-informant, Officer Rodriguez corroborated key details, and the totality of circumstances supplied reasonable suspicion; the suppression ruling was affirmed but the judgment was modified to correct the statutory subsection citation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable suspicion | Herrera: dispatcher info only showed him driving around; no contextual facts connecting him to criminal activity | State: identified citizen reported repetitive, casing-like behavior; officer corroborated description and observed matching conduct | Stop was supported by reasonable suspicion; suppression denial affirmed |
| Reliability of informant's tip | Herrera: tip lacked indicia of reliability and detail | State: Posada identified herself, gave contact info and first-hand observations, making tip reliable | Identified, accountable citizen's report was sufficiently reliable |
| Weight of corroboration by officer | Herrera: officer only saw a car driving in neighborhood | State: officer observed vehicle and driver matching detailed description, supporting suspicion | Corroboration increased reliability and supported reasonable suspicion |
| Remedy for clerical error in judgment | Herrera: (no dispute) | State/court: recorded statute subsection was clerical error | Court corrected judgment to cite Tex. Penal Code § 30.02(a)(3) and affirmed as modified |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes investigatory stop/seizure standard)
- United States v. Cortez, 449 U.S. 411 (totality-of-circumstances test for reasonable suspicion)
- Derichsweiler v. State, 348 S.W.3d 906 (identified citizen tip showing unusual, repetitive behavior can supply reasonable suspicion)
- Martinez v. State, 348 S.W.3d 919 (identified citizen-informant reliability and its relevance to reasonable suspicion)
- Castro v. State, 227 S.W.3d 737 (reasonable suspicion requires specific, articulable facts)