Leroy Bartie v. State
14-16-00675-CR
| Tex. App. | Aug 1, 2017Background
- Officers surveilled 3019 Bain after receiving information of narcotics trafficking; they saw a buyer (Wilson) enter, exit, and later were stopped with PCP in his vehicle.
- Wilson admitted he bought PCP from appellant (Leroy Bartie); officers then contacted Bartie near the residence and detained him.
- A woman, Shanika Butler, exited the same door, told officers she was Bartie’s wife and had lived at the house for 7–8 months, and volunteered that drugs were inside, specifying types and locations.
- Butler signed a written consent to search; officers entered and found cocaine, PCP consistent with her descriptions, a stolen gun, cash, mail addressed to both Butler and Bartie, and women’s clothing.
- Bartie’s sister (owner of the home) and brother testified Butler did not live there or was only a guest; the trial court found the officers and brother credible and discredited the sister.
- Bartie moved to suppress the evidence as the warrantless search lacked actual or apparent authority; the trial court denied the motion, Bartie pleaded guilty per agreement, and he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of consent to search residence | Bartie: No actual or apparent authority existed; Butler was only a guest and could not consent | State: Butler represented she lived there and was Bartie’s wife, volunteered details, signed consent; officers reasonably relied on that | Consent valid; trial court did not err in denying suppression |
Key Cases Cited
- Martinez v. State, 348 S.W.3d 919 (Tex. Crim. App. 2011) (standard of review for suppression rulings)
- Limon v. State, 340 S.W.3d 753 (Tex. Crim. App. 2011) (third-party consent and common authority principles)
- Illinois v. Rodriguez, 497 U.S. 177 (1990) (apparent authority and objective standard for consent)
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (voluntariness of consent searches)
- Georgia v. Randolph, 547 U.S. 103 (2006) (limits on co-occupant consent)
- Romero v. State, 800 S.W.2d 539 (Tex. Crim. App. 1990) (deference to trial court factual findings in suppression rulings)