Gurrola v. State

877 S.W.2d 300, 1994 Tex. Crim. App. LEXIS 20, 1994 WL 178471
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 9, 1994
Docket0459-93
StatusPublished
Cited by201 cases

This text of 877 S.W.2d 300 (Gurrola v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gurrola v. State, 877 S.W.2d 300, 1994 Tex. Crim. App. LEXIS 20, 1994 WL 178471 (Tex. 1994).

Opinions

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted of possession of cocaine. Punishment, enhanced by a prior felony conviction, was assessed at ten years in the Texas Department of Corrections (now the Texas Department of Criminal Justice, Institutional Division). On appeal, appellant’s conviction was affirmed by the Fourteenth Court of Appeals in Gurrola v. State, 852 S.W.2d 651 (Tex.App.-Houston [14th Dist.]. We granted appellant’s petition for discretionary review in order to determine whether the Court of Appeals erred in holding that the trial court did not err in denying appellant’s motion to suppress.1 We reverse the judgment of the Court of Appeals.

A brief review of the facts surrounding the detention and subsequent search of appellant is appropriate.

Late one afternoon, Harris County Deputy Ronald Butler was patrolling a subdivision of Cloverleaf in a patrol vehicle. An unknown man walking a dog approached Deputy Butler and reported some type of disturbance occurring at the Bonham Street Apartments. Deputy Butler knew the apartment complex to be an unsafe location that had incurred several complaints of disturbances from area residents. Deputy Butler drove over to the parking lot of the complex where he saw three men and a woman engaged in what appeared to be an argument. The deputy approached the individuals to find out “what was going on,” but as he did so, they all began to leave.

After the individuals began to disperse, Deputy Butler told them all to come back. They were ordered to place their hands on a parked vehicle and a pat-down search of appellant and the others ensued. This initial search of appellant yielded a .38-caliber handgun. A further invasive search produced a packet of a white powder substance that was later found to be cocaine. Appellant was arrested and charged with possession of a controlled substance. Appellant filed a motion to suppress the gun and the cocaine, alleging that they were illegally seized from his person. Jorge Rodriguez, one of the four detainees, and appellant both testified at the suppression hearing that there was no argument or dispute. Their testimony indicated that the four individuals were discussing a dance to be held later that evening.

Appellant contends that the initial detention of the four individuals was illegal. Appellant further contends that the search of his person was not justified by reasonable suspicion or concern for the safety of the officer. Appellant argues that the evidence [302]*302discovered as a result of this detention and the subsequent search of his person should therefore have been suppressed. Tex.Code Crim.Proc.Ann. Art. 38.23(a) (Vernon Supp. 1993).

A police officer may briefly stop a suspicious individual in order to determine his identity or to maintain the status quo momentarily while obtaining more information. Hoag v. State, 728 S.W.2d 375, 380 (Tex.Crim.App.1987). Although police officers may approach and question an individual, the individual may refuse to answer any questions put to him and may go on his way. Florida v. Royer, 460 U.S. 491, 497-98, 103 S.Ct. 1319, 1323-24, 75 L.Ed.2d 229 (1983). To justify a temporary detention, the officer must have specific articulable facts which, in light of his experience and general knowledge taken, together with rational inferences from those facts, would reasonably warrant the intrusion on the citizen. Ramirez v. State, 672 S.W.2d 480, 482 (Tex.Crim.App.1984); Hoag, supra, at 380. Even in the absence of bad faith, detention based on a mere hunch is illegal. There must be a “reasonable suspicion” by the officer that some activity out of the ordinary is occurring or had occurred, some suggestion to connect the detained person with the unusual activity, and some indication that the activity is related to crime. Schwartz v. State, 635 S.W.2d 545, 547 (Tex.Crim.App.1982); Hoag, supra, at 380. Where the initial detention is unlawful, any evidence seized subsequent to such a detention is inadmissible. Schwartz, supra; see also Hoag, supra, at 381; see Article 38.23, V.A.C.C.P.

The Court of Appeals justified the stop and temporary detention of appellant on four grounds. First, the Court of Appeals held that Deputy Butler witnessed a public altercation, which they held to be an out of the ordinary occurrence. Second, the Court of Appeals held that Deputy Butler saw appellant participating in the disturbance. Third, the Court of Appeals held that the disturbance plausibly threatened a breach of the peace. Finally, the Court ruled that the immediate dispersal of the individuals upon the arrival of the police was not conduct as consistent with innocent activity as with illegal activity. However, upon review of the record in this case, in light of applicable case law, it is apparent that the Court of Appeals has miseharacterized the evidence and extended the law beyond its intended scope.

The testimony of Deputy Butler at the suppression hearing revealed that the four detainees were engaged in no more than a heated discussion when he arrived in the parking lot where they stood. His own police report characterized the exchange as a “disturbance.” Assuming it was an argument, this clearly does not amount to an “altercation”, as the Court of Appeals characterized it. While it is true that appellant was part of this disturbance, four individuals arguing in a residential parking lot in the late afternoon is not “out of the ordinary.” Finally, the individuals’ actions in immediately ceasing their discussion upon the sight of the police were not only their constitutional right, but were also evidence that the discussion was voluntarily terminated. Thus, any threat of a breach of the peace had dissipated before the deputy detained and searched the individuals.

As Schwartz, Hoag, and a host of other cases make clear, an officer’s reasonable suspicion must involve the occurrence of past or present activity out of the ordinary that is related to crime. Deputy Butler witnessed four people having an aggressive conversation which he assumed to be an argument. Before he could determine what was going on, the individuals all walked away.

The Court of Appeals applied the totality of the circumstances test, as set out in Gearing v. State, 685 S.W.2d 326, 327-28 (Tex.Crim.App.1985), to all of the facts known to Deputy Butler in upholding the trial court’s admission of the evidence against appellant. These factors need to be individually addressed.

As we have already stated, four individuals engaged in an argument in a parking lot in the late afternoon is not so out of the ordinary as to give rise to the belief that appellant was engaged in criminal activity. See Hawkins v. State, 758 S.W.2d 255, 260 (Tex.Crim.App.1988). (No facts indicate anything suspicious about defendant’s decision not to be questioned by the police but instead to proceed on his way). There is nothing unlawful about Appellant’s walking away when the Deputy attempted to question him. [303]*303Hawkins,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

The State of Texas v. Isaias Burciaga
Court of Appeals of Texas, 2024
The State of Texas v. Rodney Ortiz
Court of Appeals of Texas, 2023
Tairon Jose Monjaras v. the State of Texas
Court of Appeals of Texas, 2023
Diego Isaiah Horta v. State
Court of Appeals of Texas, 2019
Travis Bell v. State
Court of Appeals of Texas, 2019
Ricardo Lucio Silva v. State
Court of Appeals of Texas, 2018
State v. Robert Lee Erspamer
Court of Appeals of Texas, 2017
Warden v. State
534 S.W.3d 81 (Court of Appeals of Texas, 2017)
Raymond McKinney v. State
444 S.W.3d 128 (Court of Appeals of Texas, 2014)
Brithe Thompson v. State
408 S.W.3d 614 (Court of Appeals of Texas, 2013)
State v. David Allen Snowden
Court of Criminal Appeals of Tennessee, 2010
Crain v. State
315 S.W.3d 43 (Court of Criminal Appeals of Texas, 2010)
State v. Priddy
321 S.W.3d 82 (Court of Appeals of Texas, 2010)
State v. Woodard
314 S.W.3d 86 (Court of Appeals of Texas, 2010)
Texas Department of Public Safety v. Axt
292 S.W.3d 736 (Court of Appeals of Texas, 2009)
Sieffert v. State
290 S.W.3d 478 (Court of Appeals of Texas, 2009)
Green v. State
256 S.W.3d 456 (Court of Appeals of Texas, 2008)
Baldwin v. State
237 S.W.3d 808 (Court of Appeals of Texas, 2007)
McAfee v. State
204 S.W.3d 868 (Court of Appeals of Texas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
877 S.W.2d 300, 1994 Tex. Crim. App. LEXIS 20, 1994 WL 178471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gurrola-v-state-texcrimapp-1994.