Campbell v. State

775 S.W.2d 419, 1989 WL 77095
CourtCourt of Appeals of Texas
DecidedNovember 8, 1989
DocketC14-88-903-CR
StatusPublished
Cited by1 cases

This text of 775 S.W.2d 419 (Campbell 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
Campbell v. State, 775 S.W.2d 419, 1989 WL 77095 (Tex. Ct. App. 1989).

Opinion

OPINION

PAUL PRESSLER, Justice.

A jury found appellant guilty of possession of at least 400 grams of a controlled substance, namely cocaine, with intent to deliver. The court assessed punishment at life in prison and a $100 fine. We affirm.

On May 4, 1988, Officer Joe Harris, a detective with the Harris County Sheriffs Office, received a telephone call from a confidential informant. This informant had given information regarding narcotics in the past and had been proven reliable. Officer Harris was advised that a black man driving a 1986 or 1987 white Toyota pickup was, “on his way” to deliver cocaine at an apartment complex. Pursuant to this information, Officer Harris and two other undercover officers drove to the apartment complex. The officers circled but did not see the vehicle. They set up surveillance and waited for the suspect. At approximately noon, appellant, driving a white Toyota pickup, parked in the apartment complex. The appellant left the car carrying a brown paper bag as is frequently observed in narcotics transactions. The officers left their car and identified themselves. The appellant dropped the bag and ran into the courtyard of the apartment complex. The bag was found to contain a substance resembling cocaine. The appellant was apprehended and placed under arrest. Incident to the appellant’s arrest, the officers searched the truck. The officers discovered another bag containing a substance that resembled cocaine and over $6,000 in cash. The bag discarded by the appellant was found to contain 440 grams, or approximately one pound, of cocaine.

In points of error one and two, the appellant claims that no probable cause existed for his arrest and, therefore, the trial court erred in overruling his motion to suppress both the cocaine in the bag dropped and the contents of the truck. In Eisenhauer v. State, 754 S.W.2d 159 (Tex.Crim.App.1988), the court addressed probable cause as follows:

The fact that the arrest in the instant case was made without a warrant is irrelevant to the probable cause analysis. The totality of the circumstances approach applies to warrantless as well as warrant seizures of persons and property. United States v. Mendoza, et al, 722 F.2d 96 (5th Cir.1983); Angulo v. State, 727 S.W.2d 276 (Tex.Crim.App.1987); Whaley v. State, 686 S.W.2d 950 (Tex.Crim.App.1985); Eisenhauer v. State, 678 S.W.2d 947 (Tex.Crim.App.1984).

The officers had accurate information from an informant who had a past record of reliability. Time was of the essence because the informant advised the officers that the courier was on his way. The appellant was carrying a type of bag commonly used in drug transactions. Probable cause exists when an apparent state of facts is found to exist which would induce a reasonably intelligent and prudent person to believe that the accused had committed the crime charged. Black’s-Law Dictionary, 5th Ed. (1979). An officer may make an arrest if there is probable cause to believe a person has committed or is about to commit a felony. U.S. v. Watson, 423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976). The officers here properly believed an offense was occurring and acted upon this belief.

In Angulo v. State, 727 S.W.2d 276 (Tex.Crim.App.1987) the court addressed similar facts. In Angulo, the facts were as follows:

The record reflects that Officer F.L. Shafer received an anonymous telephone tip on June 23, 1983, which revealed the following information: Shafer was instructed that a red American Motors Pa *421 cer automobile license plate identification RUY 662 contained narcotics; the informant told Shafer that the automobile would contain two Cuban males, one of whom would be appellant. In addition, the informant explained that the Pacer’s gasoline cap was missing and that a red rag was being used in its place. The destination of the automobile would be 7201 Spencer Highway, Casa Maria Apartments, No 54. The informant also told Shafer that time was of the essence as the car was already enroute. The informant did not reveal the source of his information.
After reviewing this information from Shafer, Lieutenant William McBeth drove to the Casa Maria Apartments and observed the above-mentioned automobile occupied by two males parked in a space directly in front of Apt. No. 54. McBeth also noted the red rag hanging from the gasoline intake. McBeth observed the two men get out of the car as they were approached by others. When an additional automobile drove into the lot and parked directly behind the Pacer, McBeth, based on his experience in narcotics investigation, initiated an investigatory stop and ascertained that one of the original occupants of the automobile was appellant, the party named by the informant.
When Shafer arrived on the scene he talked briefly with appellant and then searched the vehicle. The search produced 2,000 methaqualone pills located in paper sacks inside the spare tire compartment. Angulo, 727 S.W.2d at 277.

The court upheld the search of the vehicle. Probable cause existed not only because of the informant’s tip but also from the independent corroboration by the police. The court analyzed the corroboration here with the corroboration in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Here, the independent police investigation corroborated the informant’s tip by finding:

(1) A late model white Toyota pickup.
(2) Appellant was a black male driving the truck.
(3) The destination of the vehicle was the same apartment complex.
(4) The event happened within a short time of the tip.
(5) Appellant was carrying a brown paper bag known to be used in drug transactions.

In Angulo the court addressed corroboration as follows:

The independent police corroboration in the instant case was surely not any less extensive than in Gates, supra, simply because the officers had less time. The amount of time the officers have for investigation does not control the issue of probable cause, but rather, the amount of effective cooperation the officers make in the time allowed. In the instant case the independent investigation of the police confirmed aspect of the informant’s tip save whether or not the vehicle actually contained the contraband. In the instant case the police even had reasonable belief the appellant was carrying the contraband.

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Bluebook (online)
775 S.W.2d 419, 1989 WL 77095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-state-texapp-1989.