Miguel Hugo Barraza v. State
04-15-00728-CR
| Tex. App. | Feb 1, 2017Background
- On Dec. 6, 2013, commissioned uniformed security guard Raymond Reyes conducted pat-downs at the Lucky Monkey nightclub entrance; he observed a plastic bag in Miguel Hugo Barraza’s front coin pocket.
- A physical struggle ensued when Reyes attempted the pat-down; Reyes pushed Barraza out the club, pursued him into the parking lot, restrained him, handcuffed him, and called police and EMS.
- When officers arrived, they observed Barraza intoxicated; Officer Montoya arrested Barraza for public intoxication and, with consent and incident to arrest, searched Barraza and recovered a baggie of cocaine from the fifth pocket.
- Barraza claimed Reyes was the aggressor, alleged Reyes planted the baggie, and argued the security guard lacked authority to detain/arrest him off club premises. A jury convicted Barraza of possession of <1 gram of cocaine; sentence suspended, community supervision imposed.
- At trial Barraza moved to suppress the drugs on the ground the security guard had no right to detain him outside the club; the trial court denied the motion relying on article 14.01 (citizen arrest / offense against the public peace). Barraza appealed on different legal theories.
Issues
| Issue | Plaintiff's Argument (Barraza) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether evidence should be suppressed because Reyes’ warrantless arrest/detention was unauthorized under art. 14.01 | Reyes, a non‑officer, had no authority to detain/arrest Barraza outside club; detention unlawful | Reyes had authority under art. 14.01: assault on guard and criminal trespass were offenses in his view (assault possibly a felony as guard is commissioned); also reasonable suspicion of weapon/drugs | Not preserved on appeal; trial court relied on art. 14.01 and denial of suppression is affirmed |
| Whether detention was a permissible investigative stop supported by reasonable suspicion | No reasonable suspicion for a temporary detention | State argued reasonable suspicion existed (aggressive conduct, visible bag, possible weapon/drugs) | Not preserved; appellate claim waived because not raised at trial |
Key Cases Cited
- Swain v. State, 181 S.W.3d 359 (Tex. Crim. App. 2005) (issues not raised at trial generally preserved for appeal only if raised below)
- Wilson v. State, 71 S.W.3d 346 (Tex. Crim. App. 2002) (objections must comport with trial grounds to be preserved on appeal)
- Rezac v. State, 782 S.W.2d 869 (Tex. Crim. App. 1990) (new legal theories may not be asserted on appeal if not urged at trial)