Astran v. State

780 S.W.2d 447, 1989 Tex. App. LEXIS 3047, 1989 WL 151035
CourtCourt of Appeals of Texas
DecidedOctober 18, 1989
DocketNo. 05-88-01309-CR
StatusPublished
Cited by2 cases

This text of 780 S.W.2d 447 (Astran v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Astran v. State, 780 S.W.2d 447, 1989 Tex. App. LEXIS 3047, 1989 WL 151035 (Tex. Ct. App. 1989).

Opinion

[448]*448OPINION

LAGARDE, Justice.

This case deals with the admissibility of evidence obtained through a warrantless arrest under article 14.01 of the Texas Code of Criminal Procedure.1 Appellant, Ronaldo Astran, appeals his fifteen-year sentence for unlawful delivery of a controlled substance, heroin. In his single point of error, he asserts that the trial court improperly overruled his motion to suppress evidence seized incident to a war-rantless arrest. Because the Court concludes that the warrantless arrest was proper, the appellant’s point of error is overruled. The judgment of the trial court is affirmed.

The appellant’s arrest resulted from a planned, coordinated effort .between undercover and uniformed Dallas police officers, which took place August 23, 1988. Officer Warren Wilson was working undercover and was attempting to make street buys of illegal drugs while Officer Anthony Black, in uniform, was waiting one block away in his patrol car. By prearrangement, the undercover vice officers attempted to make buys, and the uniformed officers provided assistance, if needed, and effected arrests after purchases.

Officer Wilson bought twenty dollars’ worth of heroin from appellant; immediately thereafter he radioed uniformed Officer Black and gave him a detailed description of appellant, including appellant’s height, weight, and location. Officer Wilson specifically noted and described to Officer Black an unusual tee-shirt worn by appellant which spelled the words “Jesus Christ.”

Officer Black then proceeded to the location relayed by Officer Wilson and arrested appellant, who Officer Black recognized from Officer Wilson’s description. Officer Black testified that he located appellant within two minutes of receiving the description from Officer Wilson. When arrested, appellant was wearing the “Jesus Christ” tee-shirt. Officer Wilson was parked two blocks away during appellant’s arrest and maintained radio contact with Officer Black throughout the arrest. Officer Wilson testified that he was not physically present at appellant’s arrest because he, Wilson, did not wish to jeopardize his undercover status. During a postarrest search, police found five more heroin capsules on appellant’s person. It is undisputed that the uniformed arresting officer did not see the felony heroin sale to Officer Wilson, nor did undercover Officer Wilson visually witness appellant’s arrest by the uniformed officer. However, within thirty minutes of appellant’s arrest, Officer Wilson identified the appellant through a one-way window at the police station, verifying that appellant had sold the heroin to him.

Appellant argues that the trial court erred in overruling his motion to suppress evidence obtained as a result of an allegedly illegal arrest. Article 14.01 of the Texas Code of Criminal Procedure reads:

Offense within view
(a) A peace officer or any other person may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.

This case presents the question of whether article 14.01 justifies a warrantless arrest for a felony when the officer witnessing the felony does not also see the arrest. In Texas, a peace officer’s authority to make a warrantless arrest is controlled exclusively by statute. Fry v. State, 639 S.W.2d 463, 465 (Tex.Crim.App.1982), cert. denied, 460 U.S. 1039, 103 S.Ct. 1430, 75 L.Ed.2d 790 (1983). Statutory warrantless arrests stand as exceptions to the general rule that an officer must obtain a warrant prior to an arrest. Id. Article 14.01 provides an [449]*449exception to the rule, but its conditions must be complied with to result in a lawful arrest.

Certainly a peace officer who does not himself possess probable cause to make a warrantless arrest may act on information relayed to him by other officers to effect a lawful arrest. Pyles v. State, 755 S.W.2d 98, 109 (Tex.Crim.App.1988) (en banc). In such cases, the sum of information known to cooperating officers will be examined to determine the sufficiency of probable cause. Id. (citing Woodward v. State, 668 S.W.2d 387, 344 (Tex.Crim.App.1982), cert. denied 469 U.S. 1181, 105 S.Ct. 939, 83 L.Ed.2d 952 (1985)). Therefore, a peace officer can effect a proper warrant-less arrest using the probable cause information supplied by a fellow officer when an offender is about to escape. Tex.Code CRIM.PROC.Ann. art. 14.04 (Vernon 1981).

The record reflects that appellant, who had walked about ten yards away from the location of the drug sale toward an apartment complex when he was approached by the uniformed officer, did not run. The State urges that the record reflects “satisfactory proof_indicating that the defendant was about to escape,” see Dejarnette v. State, 732 S.W.2d 346, 349 (Tex.Crim.App.1987), and thus article 14.04 is an independent justification for the arrest here. However, because we uphold the arrest based on article 14.01, we do not decide the validity of the arrest under article 14.04.

A strict reading of article 14.01 seems to mandate that the officer observing the felony, and thereby gaining firsthand knowledge of the offense, must also act as the arresting officer. This result is suggested by the “in the presence” language found in both sections of article 14.01. Other courts have declined to follow this strict and narrow interpretation of article 14.01, and we decline to follow it in this case. Both sections of article 14.01 authorize arrests for offenses committed within the officer’s presence or view.

When a word is not statutorily defined, sound statutory construction principles dictate that the word be given its plain meaning, without regard to distinctions usually made between construction of penal laws and laws on other subjects. Ramos v. State, 419 S.W.2d 359, 364 (Tex.Crim.App.1967). The disjunctive phrase “presence or view” suggests that article 14.01 requires either presence or view and that presence and view signify two separate conditions.2 The Code of Criminal Procedure provides no special definition of presence or view; therefore, these words should receive their common meaning. Tex.Code Crim.Proc.Ann. art. 3.01 (Vernon 1981); see Lucario v. State, 677 S.W.2d 693, 699 (Tex.App.—Houston [1st Dist.] 1984, no pet.). Webster’s Collegiate Dictionary defines “view” as the act of seeing or examining. Webster’s Ninth New Collegiate Dictionary 1314 (9th ed. 1983). Black’s Law Dictionary gives two relevant definitions for “presence,” both of which indicate that presence can be achieved without visual observation.3

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Related

Astran v. State
799 S.W.2d 761 (Court of Criminal Appeals of Texas, 1990)

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Bluebook (online)
780 S.W.2d 447, 1989 Tex. App. LEXIS 3047, 1989 WL 151035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/astran-v-state-texapp-1989.