430 S.W.3d 549
Tex. App.2014Background
- Webster police officer Clyde Pray conducted an undercover investigation of a suspected "game room" in a Friendswood strip center (outside Webster city limits) and played on machines he believed were illegal "8-liners."
- Pray prepared the sole affidavit for a search warrant based on his observations; a Harris County district court issued the warrant.
- Officers executing the warrant seized circuit boards and about $27,907; appellant Selman Halili arrived, admitted running the operation, and was arrested.
- Halili moved to suppress the evidence, arguing Pray’s out-of-jurisdiction investigation was illegal and therefore the affidavit relied on illegally obtained information under Tex. Code Crim. Proc. art. 38.23.
- The trial court denied suppression; Halili pleaded guilty and appealed the denial. The court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Halili) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether evidence seized under a warrant must be suppressed because the affidavit was based solely on an investigation by an officer outside his jurisdiction | Pray lacked jurisdiction to investigate in Friendswood; information in the affidavit was illegally obtained and thus must be excluded under Article 38.23 | Even if Pray acted outside his jurisdiction, Halili’s rights were not violated; Pray’s observations were lawful as those of a private person and do not trigger Article 38.23 suppression | Court held Halili lacked standing under Article 38.23 because Pray’s extra‑jurisdictional undercover observations did not violate Halili’s privacy, property, or liberty rights; suppression not required |
Key Cases Cited
- Kurtz v. State, 152 S.W.3d 72 (Tex. Crim. App. 2004) (city officer acting outside city limits lacks authority; exclusion may apply for unlawful out‑of‑jurisdiction arrests)
- Chavez v. State, 9 S.W.3d 817 (Tex. Crim. App. 2000) (defendant lacked standing to suppress evidence obtained by an officer outside jurisdiction where defendant’s rights were not violated)
- McCain v. State, 995 S.W.2d 229 (Tex. App.—Houston [14th Dist.] 1999) (evidence suppressed where obtained as result of illegal warrantless arrest outside officers’ jurisdiction)
- Wilson v. State, 311 S.W.3d 452 (Tex. Crim. App. 2010) (Article 38.23 protects privacy, property, and liberty rights; exclusion limited to violations tied to those interests)
- Meadows v. State, 356 S.W.3d 33 (Tex. App.—Texarkana 2011) (common‑law principle that a city police officer’s jurisdiction is the city limits)