Forge v. State

717 S.W.2d 725, 1986 Tex. App. LEXIS 8525
CourtCourt of Appeals of Texas
DecidedSeptember 16, 1986
DocketNo. 6-85-088-CR
StatusPublished

This text of 717 S.W.2d 725 (Forge 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
Forge v. State, 717 S.W.2d 725, 1986 Tex. App. LEXIS 8525 (Tex. Ct. App. 1986).

Opinion

GRANT, Justice.

Greg Forge appeals convictions of two separate charges of burglary of a motor vehicle. Forge contends that the trial court erred in admitting into evidence statements he had signed as a direct result of an unlawful search of his vehicle and the unlawful seizure of contraband found therein. He further contends that the court erred in overruling his objections to the jury charge concerning guilt or innocence.

On November 21, 1984, Forge was arrested in a Paris, Texas, shopping center parking lot for his failure to identify himself to a police officer. Steve Woods was also arrested on charges for outstanding traffic warrants. The automobile which Forge had been driving was locked by police and left in the parking lot of a shopping center in the vicinity of the arrest. No search of any kind was made of the automobile at the time of the arrest.

Both Forge and Woods were taken to the Paris police station. Detective Springer testified that Woods told him that while Woods and Forge were riding around in Forge’s car, Forge had broken into two pickup trucks on November 21, and had stolen a C.B. radio from one of the trucks and a .22 caliber rifle from the other. Detective Springer also testified that Woods told him that the C.B. radio could be found in the front floorboard of Forge’s automobile and that the .22 caliber rifle was in the trunk of the automobile. Woods and Detective Springer returned to the automobile. Detective Springer looked through the car windows and saw a C.B. radio lying on the front floorboard of Forge’s car in plain view. Using a key to the vehicle from the police property room, Detective Springer entered the vehicle and recovered the radio. Thereafter, acting on Woods’ information that a stolen .22 caliber rifle was located in the trunk of the car, Detective Springer opened the trunk of the car with the keys and discovered the rifle which had been described by Woods. The radio and the rifle proved to have been stolen from two pickup trucks in the area earlier in the day. The search of Forge’s automobile was conducted without a search warrant while Forge was at the police station.

Having discovered the radio and rifle in Forge’s car, Detective Springer returned to the police station, gave Forge the standard Miranda1 warning, and confronted him with the physical evidence. Forge then gave the police an oral statement in which he admitted driving around in his car with Woods, but he alleged that Woods broke into the two pickup trucks and removed a C.B. radio and .22 caliber rifle and placed them in Forge’s car. The oral statement was reduced to writing by the police and was signed by Forge. At trial, Forge’s statements, along with the physical evidence taken from his automobile, were introduced into evidence over his objections on the two charges of burglary of a vehicle.

[727]*727In his first ground of error, Forge contends that the search of his vehicle was unlawful, and that the stolen items seized from the vehicle were the tainted fruit of that unlawful search and should not have been admitted into evidence. He further asserts that he signed the statements which implicated him in the burglaries of the vehicles only as a result of having been confronted by the police with the illegally obtained evidence. He urges that neither the physical evidence from the automobile nor his signed statements should have been admitted into evidence.

The case of Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), held that an exception to the requirement of approval of a judge or magistrate exists when an automobile or other vehicle is stopped and the police have probable cause to believe it contains evidence of a crime. Carroll upheld the legality of a search that was conducted immediately after a vehicle was stopped. Since Carroll, warrantless searches have been found permissible even when a car was searched after being seized and moved to a police station. Texas v. White, 423 U.S. 67, 96 S.Ct. 304, 46 L.Ed.2d 209 (1975); Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970). In these cases, the search was constitutionally permissible because an immediate, on-the-scene search would have been permissible. Texas v. White, 423 U.S. at 68, 96 S.Ct. at 305.

The present case differs from the case of Araj v. State, 592 S.W.2d 603 (Tex.Crim.App.1979), cited by Forge, in that the Araj case involved the search of a briefcase which was found in the warrantless search of a car trunk. This constituted an unlawful search of luggage which is not involved in the instant case. Forge’s situation must also be distinguished from Maldonado v. State, 528 S.W.2d 234 (Tex.Crim.App.1975). The Maldonado case involved a warrant-less search of a vehicle in police custody. The vehicle had been under guard in a fenced yard used by police to provide secure storage of vehicles. Thus, no one could have tampered with the vehicle until a search warrant could be obtained.

The courts have long recognized that there is a difference between a search of a business, dwelling house, or other structure for which a proper warrant may be readily obtained, and a search of an automobile where it is not practicable to secure a warrant because the vehicle can be quickly moved from the jurisdiction in which the warrant must be sought. Carroll v. United States, supra.

Forge’s vehicle was located in a public parking lot which was easily accessible to vandalism or pilferage and could easily have been moved by Forge2 or someone acting for him. Therefore, Detective Springer was justified in believing that it was urgent to make the search without a warrant to avoid removal of the evidence.

Next we must analyze whether or not Detective Springer’s initial act of looking into the car window was an infringement of Forge’s constitutional rights.

Under what is generally known as the “plain view” doctrine, there must exist three elements: (1) a prior justification for an intrusion, (2) an inadvertent discovery of incriminating evidence, and (3) it must be immediately apparent to the officer that the item constitutes evidence. Bailey v. State, 629 S.W.2d 189 (Tex.App.-Dallas 1982, pet. ref’d). This applies to a situation in which there is an extension of a prior justification to give an officer access to an object. This requires an initial intrusion which is legal under the Fourth Amendment to the United States Constitution.

We must distinguish a “plain view” doctrine case where the police perceive an object while executing a search warrant or while acting pursuant to some exception to the warrant clause, from a situation to which the Fourth Amendment has no application because there was no expectation of [728]*728privacy. The seizure of property in plain view in the latter case involves no invasion of privacy and is presumptively reasonable, assuming that there is probable cause to associate the property with criminal activity. Texas v. Brown,

Related

Carroll v. United States
267 U.S. 132 (Supreme Court, 1925)
Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Chambers v. Maroney
399 U.S. 42 (Supreme Court, 1970)
Texas v. White
423 U.S. 67 (Supreme Court, 1975)
Texas v. Brown
460 U.S. 730 (Supreme Court, 1983)
California v. Ciraolo
476 U.S. 207 (Supreme Court, 1986)
Maldonado v. State
528 S.W.2d 234 (Court of Criminal Appeals of Texas, 1975)
Araj v. State
592 S.W.2d 603 (Court of Criminal Appeals of Texas, 1979)
Bailey v. State
629 S.W.2d 189 (Court of Appeals of Texas, 1982)

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Bluebook (online)
717 S.W.2d 725, 1986 Tex. App. LEXIS 8525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forge-v-state-texapp-1986.