Coats v. State

769 S.W.2d 724, 1989 WL 56628
CourtCourt of Appeals of Texas
DecidedMay 31, 1989
DocketNo. 2-87-211-CR
StatusPublished
Cited by1 cases

This text of 769 S.W.2d 724 (Coats 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
Coats v. State, 769 S.W.2d 724, 1989 WL 56628 (Tex. Ct. App. 1989).

Opinion

OPINION

FARRIS, Justice.

Billy Eugene Coats was convicted by a jury of possession of less than twenty-eight grams of methamphetamine and sentenced to fifteen years in the Texas Department of Corrections. See TEX.REV.CIV.STAT. ANN. art. 4476-15, sec. 4.041 (Vernon Supp.1989).

Coats raises six points of error on appeal. In points one and two, Coats complains the trial court erred in admitting evidence seized as a result of an illegal, pretextual arrest and in failing to charge the jury on the issue of probable cause for the stop and search. In his third point, Coats alleges error in the court’s refusal to strike the opinion of the State’s expert that the substances seized were methamphetamine. In points four, five, and six, Coats alleges improper prosecutorial argument. We overrule all points of error and affirm the judgment of the trial court.

In his first point of error, Coats asserts that the trial court erred in admitting the methamphetamine and drug paraphernalia found in his possession after his arrest. He contends the evidence was inadmissible because his arrest for driving with a suspended license was a mere pretext for searching for illegal drugs and was not supported by probable cause.

Coats relies on the principle that an arrest for one crime may not be used as a pretext to search for evidence of another. Black v. State, 739 S.W.2d 240, 243 (Tex.Crim.App.1987). In Black, the Court of Criminal Appeals explained that in analyzing such a complaint, the issues of probable cause and pretext are to be addressed separately. Id. Therefore, we must first determine whether probable cause to search for illegal drugs existed, and if so, whether exigent circumstances justified a warrant-less search. Only if one of these questions is answered in the negative would the pre-textual allegation need to be addressed. See Black, 739 S.W.2d at 243.

In determining whether there was probable cause for the search, the duty of the reviewing court is to look to the totality of the circumstances to see if there is a substantial basis for concluding that probable cause existed at the time. Eisenhauer v. State, 754 S.W.2d 159, 164-65 (Tex.Crim.App.1988), cert. denied, — U.S.-, 109 S.Ct. 127, 102 L.Ed.2d 101 (1988), approv[726]*726ing, 678 S.W.2d 947 (Tex.Crim.App.1984). In Eisenkauer, the Court of Criminal Appeals adopted the totality of the circumstances approach to determinations of probable cause approved by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 627, 548 (1983); Eisenhauer, 754 S.W.2d at 164. The court held that this approach governs all determinations of probable cause. Id. (citations omitted). In Gates, the Supreme Court explained that probable cause to search existed when, in view of all circumstances, one makes a determination that there is a fair probability that contraband or evidence of a crime will be found in a particular place. Gates, 462 U.S. at 238,103 S.Ct. at 2332, 76 L.Ed.2d at 548.

In light of the totality of the circumstances, Officer Morgan had probable cause to search Coats and his motorcycle for illegal drugs. At approximately 8:15 a.m. the morning of the arrest, Narcotics Investigator Spurlock was met by Rex Keeling, a narcotics informer, as he pulled into the parking lot of the Parker County Drug Task Force office. Keeling informed him that Billy Coats would be riding into Weatherford on a black motorcycle and would have an “eight ball” (an eighth of an ounce of amphetamine) in his possession. He relayed that Coats could be seen at the 1800 block of the Fort Worth Highway. Investigator Spurlock notified Officer Morgan of the information he had received and asked him to go to the designated location to watch for Coats. Officer Morgan indicated that he was familiar with Coats and proceeded to the 1800 block of Fort Worth Highway. Once he arrived, he observed Coats and passenger Rex Keeling, riding a black motorcycle, pull into the parking lot where he was located.

The facts in this case parallel those facts held in Eisenkauer to constitute probable cause. Eisenhauer, 678 S.W.2d at 955. A Houston police officer assigned to Intercontinental Airport received a tip from a reliable informant that Eisenhauer would fly out on a 1:30 flight to Miami and return that same day with cocaine in his possession. The informant also described Eisen-hauer’s physical characteristics and dress. Id. at 950.

The Court of Criminal Appeals considered the informant’s identification of Ei-senhauer, prediction of his actions, and the purpose of his trip. The court noted that at the time of the interception, the arresting officer had personally verified every facet of the information given him by the informer except whether Eisenhauer actually had cocaine in his possession. There was also an indication that the informant had personal knowledge of the facts he relayed or had gained the information in a reliable way. These circumstances, together with Eisenhauer’s generally innocent actions in the airport and his reactions when he learned the officer believed he possessed cocaine, furnished a substantial basis for concluding probable cause existed to arrest appellant. Id. at 955.

In this case, Keeling named an individual already known to the police and predicted his actions with accuracy and specificity. Keeling’s presence on the back of Coats’ motorcycle at the time of the arrest indicates that there is no question as to his personal knowledge of the facts conveyed in the tip. As in Eisenhauer, all the details furnished by the informant were corroborated prior to the search except for whether the defendant actually had drugs in his possession.

It is not apparent from the record whether Keeling specified when Coats was to ride into Weatherford. Even if he did not specify when this was to occur, it would be reasonable to infer that it was to take place immediately. Investigator Spurlock was justified in assuming that he did not have time to obtain a search warrant. In fact, the events detailed in Keeling’s tip took place less than thirty minutes after he spoke to Investigator Spurlock.

We hold that Officer Morgan had probable cause to search Coats and his motorcycle and exigent circumstances justified a warrantless search; we need not address the pretextual allegation. See Eisenhauer, 678 S.W.2d at 954, approved, 754 S.W.2d at 164-65; Jones v. State, 640 [727]*727S.W.2d 918, 920 (Tex.Crim.App. [Panel Op.] 1982); Hicks v. State, 545 S.W.2d 805, 808-09 (Tex.Crim.App.1977). The fact that Officer Morgan’s decision to arrest and search was based on an erroneous reason is not controlling because both the search and arrest were supported by probable cause. If a decision to search is correct under any theory of law applicable to a case, it is sufficient as a matter of law. See Esco v. State, 668 S.W.2d 358, 366 (Tex.Crim.App. [Panel Op.] 1982) (opinion on reh’g); Jackson v. State, 745 S.W.2d 394, 396 (Tex.App.—Houston [1st Dist.] 1987, pet. ref'd); see also Scott v.

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Related

Coats v. State
815 S.W.2d 715 (Court of Criminal Appeals of Texas, 1991)

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Bluebook (online)
769 S.W.2d 724, 1989 WL 56628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coats-v-state-texapp-1989.