Jay Michael Ellis v. State
05-16-00036-CR
| Tex. App. | Oct 6, 2016Background
- Appellant Jay Michael Ellis was charged under Tex. Penal Code § 38.02(b) for giving false identification to a peace officer while lawfully detained.
- Officer Morris responded to a report from an apartment manager who saw four juveniles near a car and wanted to issue trespass warnings.
- Morris, in uniform, detained the juveniles at a nearby store to obtain names and birthdates for trespass notices; appellant initially gave a false birth year.
- The State stipulated appellant had standing and that the arrest was warrantless; the trial court treated the lawfulness of detention as a legal question suitable for a suppression hearing.
- The trial court denied appellant’s pretrial motion to suppress, finding no probable cause but concluding the officer had reasonable suspicion to detain him for issuance of a criminal trespass notice.
- Appellant pled guilty pursuant to an agreement and received deferred adjudication; he appealed the denial of the suppression motion and the court of appeals affirmed.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying the pretrial motion to suppress challenging the lawfulness of detention | Officer lacked probable cause and reasonable suspicion; caller gave no facts linking appellant to criminal activity; appellant was harmed | The motion improperly sought a pretrial ruling on an element of the offense; alternatively, officer had reasonable suspicion to detain | The court held the suppression motion was an improper vehicle to test an element (lawful detention) pretrial and affirmed denial; in any event, reasonable suspicion supported the stop |
Key Cases Cited
- Arguellez v. State, 409 S.W.3d 657 (Tex. Crim. App. 2013) (standard of review for suppression rulings)
- Story v. State, 445 S.W.3d 729 (Tex. Crim. App. 2014) (view record in light most favorable to trial court)
- Le v. State, 463 S.W.3d 872 (Tex. Crim. App. 2015) (bifurcated review: deference to historical facts, de novo law application)
- Jones v. State, 396 S.W.3d 558 (Tex. Crim. App. 2013) (purpose of § 38.02 is ensuring accurate ID information)
- Woods v. State, 153 S.W.3d 413 (Tex. Crim. App. 2005) (pretrial suppression cannot be used to decide an element of the offense)
- Rosenbaum v. State, 910 S.W.2d 934 (Tex. Crim. App. 1995) (accused cannot raise sufficiency of an element pretrial)
- Iduarte v. State, 268 S.W.3d 544 (Tex. Crim. App. 2008) (pretrial motions address preliminary matters, not merits)