State v. Israel Ramirez, 13-14-00680-CR

This appeal arises from a trial court’s suppression of evidence following a warrantless search of a suspect outside his home.
Officer Garcia had probable cause to believe Ramirez possessed heroin on his person.
The search occurred in a public place, targeting Ramirez’s keychain and person.
The trial court found no formal arrest occurred before the search.
The State argues that probable cause to search equates to probable cause to arrest and supports a search incident to arrest even without prior arrest.
The court ultimately rejects Ramirez’s contention and holds that probable cause to search may justify a search incident to arrest regardless of when formal arrest occurs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is probable cause to search a person sufficient to arrest that person outside the home?	Ramirez argues probable cause to search is irrelevant.	Ramirez's argument is not supported; the State may rely on probable cause to search.	Yes; probable cause to search supports probable cause to arrest.
Does probable cause to search a person for drugs outside the home justify a search incident to arrest before formal arrest?	Ramirez contends search requires arrest or warrant.	State contends search incident to arrest applies once probable cause to arrest exists, even before formal arrest.	Yes; search incident to arrest allowed when probable cause to arrest precedes the search.

Parker v. State, 206 S.W.3d 593 (Tex. Crim. App. 2006) (probable cause to search and arrest analyses share initial stage; difference lies in target (place vs person))
Rawlings v. Kentucky, 448 U.S. 98 (1980) (search prior to arrest permissible when arrest follows quickly; relevance to timing of search and arrest)
State v. Ballard, 987 S.W.2d 889 (Tex. Crim. App. 1999) (establishes precedent on searches incident to arrest and probable cause)