Morris v. State

50 S.W.3d 89, 2001 Tex. App. LEXIS 4255, 2001 WL 721049
CourtCourt of Appeals of Texas
DecidedJune 28, 2001
Docket2-99-491-CR
StatusPublished
Cited by41 cases

This text of 50 S.W.3d 89 (Morris 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
Morris v. State, 50 S.W.3d 89, 2001 Tex. App. LEXIS 4255, 2001 WL 721049 (Tex. Ct. App. 2001).

Opinion

OPINION

WALKER, Justice.

INTRODUCTION

A jury found appellant Rebecca Sue Morris (“Morris”) guilty of possession of a controlled substance with the intent to deliver and assessed her punishment at twenty years’ confinement. Morris raises two issues on appeal, challenging the trial court’s denial of her motion to suppress evidence and the trial court’s finding that she consented to a search of her purse. We will affirm.

BACKGROUND FACTS

Morris was a passenger in a truck. The truck’s driver was arrested for taking part in a drug reversal. 1 Morris’s companion, the truck’s driver, arrived at an arranged location to purchase drugs from an undercover officer. The driver left the truck and entered another vehicle to exchange his money for the drugs. Morris remained seated in the truck’s front passenger seat. The undercover officer gave the “bust” signal, and a nearby arrest team converged on the scene. The arrest team officers removed all occupants, including Morris, from all vehicles associated with the drug transaction. Morris and the occupants of the other vehicles were handcuffed and placed on the ground. Shortly thereafter, a police officer, Officer Coi- *93 train, searched Morris’s purse, which had been left in the truck, and discovered pills, drugs, and drug paraphernalia.

STANDARD OP REVIEW

The appropriate standard of review for a suppression ruling is a bifurcated review. Bachick v. State, 30 S.W.3d 549, 551 (Tex.App.—Fort Worth 2000, pet. ref'd). First, we afford almost total deference to a trial court’s determination of the historical facts that the record supports, especially when the trial court’s fact findings are based on an evaluation of credibility and demeanor. State v. Ross, 32 S.W.3d 853, 856 (Tex.Crim.App.2000) (citing Guzman v. State, 955 S.W.2d 85, 88-89 (Tex.Crim.App.1997)); Bachick, 30 S.W.Sd at 551. We also afford such deference to a trial court’s ruling on the “application of law to fact questions” if the resolution of those ultimate questions turns on an evaluation of credibility and demeanor. Guzman, 955 S.W.2d at 88-89. Next, we review de novo the trial court’s application of the law of search and seizure to the facts. Ross, 32 S.W.3d at 856.

TRIAL COURT’S FINDINGS OF FACT

Flower Mound Police Officer Collin Sullivan, Lewisville Police Officer Dan Coltrain, Roanoke Police Officer Robert Olivas, and Morris testified at the suppression hearing. Following the hearing, the trial court issued the following findings of fact:

1. On October 6, 1999, undercover officers with the narcotics unit of the Flower Mound Police Department met with a confidential informant, Mark Vandeven-ter, at the parking lot at Vista Ridge Movies 12 for a prearranged drug exchange.
2. In addition to Mr. Vandeventer and his female companion, the surveillance team observed a white pickup truck occupied by the Defendant, who was a passenger, and a white male, Roy Lynn Spencer, who was the driver.
3. During the transaction, Mr. Spencer handed a large sum of money to Mr. Vandeventer, who in turn handed it to the undercover officer.
4. After the money was exchanged, a ten-pound brick of marijuana was given to Mr. Spencer.
5. After the marijuana was delivered to Mr. Spencer, an arrest team moved in with weapons drawn and the Defendant, along with all the other occupants of the vehicles involved, was removed from the truck, placed on the ground, and handcuffed.
6. The Defendant had a purse that she attempted to take with her as she was removed from the truck.
7. Officer Coltrain took the Defendant’s purse from her and placed it in the truck.
8. The Defendant gave permission to Officer Coltrain to search her purse.
9. Drug paraphernalia and controlled substances were found in the Defendant’s purse.
10. The Defendant was arrested after controlled substances and drug paraphernalia were found in her purse.
11. The officers had a reasonable belief that weapons would be present and accessible to the occupants of the vehicles involved in the drug transaction.
12. It is standard police procedure to detain the occupants of all vehicles involved in a drug transaction.

We have carefully reviewed the record of the suppression hearing and conclude that the record supports these fact findings by the trial court. Guzman, 955 S.W.2d at 89 (“[Ajppellate courts ... should afford almost total deference to a trial court’s determination of the historical facts that the *94 record supports.”)-' Accordingly, we give deference to these fact findings by the trial court, but review de novo the trial court’s application of the law of search and seizure to these facts. Id.

ARREST OR TEMPORARY DETENTION?

In her first issue, Morris complains that the trial court erred in denying her motion to suppress the evidence obtained from her purse. Morris argues that she was arrested illegally and that the results of the subsequent search were “fruits of the poisonous tree .” We review de novo the trial court’s conclusions of law that Morris was not under arrest when she wa's handcuffed and placed on the ground and that police had a reasonable suspicion to detain Morris for investigation concerning her connection to the drug transaction. See Guzman, 955 S.W.2d at 87-88.

When a defendant seeks to suppress evidence because of an allegedly illegal arrest, the defendant bears the initial burden to rebut the presumption of proper police conduct. Russell v. State, 717 S.W.2d 7, 9 (Tex.Crim.App.1986). The defendant meets this burden by proving that police seized him without a warrant. See Id. Once the defendant establishes that a warrantless search or seizure occurred, the burden shifts to the State either to produce evidence of a warrant or to prove the reasonableness of the search or seizure. Id.

Here, Morris established that police did not possess a warrant for her arrest or a warrant to search the truck. The burden therefore shifted to the State to show the reasonableness of the search and seizure. Id. The State asserts that Officer Coltrain temporarily detained Morris for an investigative stop and that this stop was reasonable because Officer Coltrain possessed specific articulable facts justifying Morris’s temporary detention. Morris, on the other hand, claims that she was under arrest when she was ordered from the truck, placed on the ground, and handcuffed.

The first issue we must resolve is whether, under the present facts, Officer Coltrain’s initial detention of Morris was a temporary detention or an arrest. Amores v. State,

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Bluebook (online)
50 S.W.3d 89, 2001 Tex. App. LEXIS 4255, 2001 WL 721049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-state-texapp-2001.