Howard Martin Harris v. State
14-14-00391-CR
| Tex. App. | Aug 25, 2015Background
- Howard Martin Harris was arrested without a warrant after an alleged assault; his statements after arrest were challenged as fruits of an unlawful arrest.
- The State justified the warrantless arrest under the statutory exception for assaults when there is danger of further bodily injury to the complainant.
- At the time Harris was arrested, the complainant was in the Dickinson Police Department and in the custody/presence of law enforcement officers.
- Appellant argues that because the complainant was secured at the police station, there was no risk of further bodily injury at the moment of arrest, so the statutory exception did not apply.
- The Court of Appeals relied on cases (e.g., Randolph, McClatchy) finding warrantless arrests lawful where officers could reasonably believe future harm was possible; appellant contends those cases are factually distinguishable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to make a warrantless arrest based on a risk of further bodily injury to the complainant | Harris: No — at arrest the complainant was inside the police station, surrounded by officers, so no danger of further injury existed | State: Yes — officers had reason to believe further violence was possible and the statutory exception allowed a warrantless arrest | Court of Appeals: Arrest was lawful (officers could reasonably conclude risk of further harm existed; relied on precedent allowing warrantless arrests under similar circumstances) |
Key Cases Cited
- Amores v. State, 816 S.W.2d 407 (Tex. Crim. App. 1991) (totality-of-circumstances test for probable cause for warrantless arrests)
- Randolph v. State, 152 S.W.3d 764 (Tex. App.—Dallas 2004) (warrantless arrest upheld where risk of renewed violence at complainant's home existed)
- McClatchy v. State, 758 S.W.2d 328 (Tex. App.—Houston [14th Dist.] 1988) (warrantless arrest upheld where defendant might return to complainant's residence)
- Chimel v. California, 395 U.S. 752 (1969) (limitations on warrantless searches and need for probable cause and impracticability to obtain warrant)
- Brown v. State, 481 S.W.2d 106 (Tex. Crim. App. 1972) (statutory exception to warrant requirement does not override constitutional warrant necessity)
- Crane v. State, 786 S.W.2d 338 (Tex. Crim. App. 1990) (State must prove probable cause and impracticability of obtaining a warrant)