Howard Martin Harris v. State
14-14-00391-CR
| Tex. App. | Aug 25, 2015Background
- Complainant escaped appellant’s home after he allegedly beat her with a belt and fist, cut her bra with a hunting knife, threatened her with death, and digitally penetrated her causing injury.
- She drove directly to the police station and reported the assault; deputies observed her distraught and with physical marks consistent with her account.
- Deputies Hunt and Cooley believed they had probable cause for assault; Cooley and Corporal Keele went to appellant’s residence, handcuffed him for an investigative detention, and obtained consent to enter and search.
- After a search failed to locate the hunting knife, Cooley consulted the assistant district attorney, who confirmed probable cause to arrest; officers arrested appellant without a warrant and videotaped his interview at the sheriff’s office.
- Appellant moved to suppress the videotaped statement as fruit of an illegal warrantless arrest; the trial court denied the motion, found the officers had reason to fear future harm to the complainant, and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless arrest was illegal such that the videotaped statement must be suppressed | Harris: arrest was warrantless and illegal; statement is fruit of illegal arrest and must be suppressed | State: officers had probable cause to arrest for assault causing bodily injury and reasonably believed there was danger of further bodily injury to the victim, justifying warrantless arrest | Court affirmed: arrest lawful under art. 14.03(a)(2) and exigent-circumstances principles; suppression denied |
Key Cases Cited
- Reed v. State, 809 S.W.2d 940 (Tex. App.—Dallas 1991) (use of evidence obtained through illegal arrest is forbidden)
- McClatchy v. State, 758 S.W.2d 328 (Tex. App.—Houston [14th Dist.] 1988) (officers may effect warrantless arrest when facts support belief suspect might return and further harm victim)
- Wilson v. State, 621 S.W.2d 799 (Tex. Crim. App. 1981) (warrantless arrests/searches are unreasonable absent an applicable exception)
- Randolph v. State, 152 S.W.3d 764 (Tex. App.—Dallas 2004) (risk of danger to victim constitutes exigent circumstances justifying warrantless arrest)
- Douds v. State, 434 S.W.3d 842 (Tex. App.—Houston [14th Dist.] 2014) (standard of review for suppression rulings; deference to trial court fact findings)