State v. Johnson

939 S.W.2d 586, 1996 Tex. Crim. App. LEXIS 233, 1996 WL 668592
Court of Criminal Appeals of Texas·Decided November 20, 1996·No. 0610-95·Published·Cited by 140 cases

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

Jay Johnson, appellee, and Edwina Prosen, decedent, jointly operated the Sweeny Funeral Home, living together in the upstairs portion of the building that housed the funeral home. On September 29, 1991, appellee called the Sweeny Police Department, reporting that decedent had been shot. The police arrived promptly, searched the funeral home and, over the next two-and-a-half weeks, conducted five more searches of both the funeral home and the hearse used in that business. Appellee, who was subsequently charged with the capital murder of decedent, moved to suppress the evidence gathered pursuant to each of these searches. One of these motions involved the suppression of evidence that decedent’s sons had taken from the funeral home and turned over to the police. The sons had removed the evidence over a three day period and appellee’s attor[587] ney was present on only one of these three days. Appellee asserted that the evidence had been removed in violation of Texas law and, thus, in violation of Texas’ exclusionary rule. TexCode CRiM. PROC. art. 38.23(a). The trial court granted all of appellee’s motions.

On interlocutory appeal, the Houston Court of Appeals, First Supreme Judicial District, affirmed, holding, among other things, that art. 38.23(a) extends to the actions of private persons. Thus, evidence turned over to the Sweeny Police Department by the sons of the decedent may be properly suppressed if, as the trial court found here, it was obtained in violation of Texas law. Tex Penal Code § 30.02. The court of appeals further held that the fact that appellee’s attorney told the decedent’s sons not to return the evidence to him in no way undermines the fact that the evidence was seized in violation of Texas law and, therefore, the exclusionary rule applies with full effect. The court of appeals went on to hold that the trial court did not abuse its discretion when it suppressed evidence seized in a subsequent search because the warrant for that search was based on the information illegally obtained by decedent’s sons. We granted discretionary review to decide whether the court of appeals erred in its determinations.

When this Court interprets a statute, it is “obliged to implement the expressed will of our legislature, not the will it keeps to itself’. Garcia v. State, 829 S.W.2d 796, 799 (Tex.Crim.App.1992). In other words, the plain language of a statute, not the legislative history behind it, dictates our interpretation of that statute. See Daugherty, 931 S.W.2d 268 (Tex.Crim.App.1996). This is so because we assume that the plain language best reflects the intent of the legislature. Boykin v. State, 818 S.W.2d 782 (Tex.Crim.App.1991).

We must, then, turn first to the plain language of the statute at issue in this case:

No evidence obtained by an officer or other person in violation of any provision of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case ...

TexCode CRiM. PROC. art. 38.23(a). This dispute turns on the words “officer or other person”. The State contends that “other person” includes only “peace officers or citizens acting as agents for peace officers”. State’s Brief on Petition for Discretionary Review at 11. Appellee, however, urges that “other person” encompasses private individuals not acting as agents of the government. Appellee’s Brief on Discretionary Review at 5.

No doubt, the plain language of art. 38.23 supports the conclusion that the unlawful or unconstitutional actions of all people, governmental and private alike, fall under the purview of Texas’ exclusionary rule. One need only turn to a dictionary of the English language: “[0]ther” means “being the ones distinct from those first mentioned”. The New Merriam-Webster Dictionary (1989). Since “officer[s]” are “those first mentioned,” “other person[s]” are those distinct from officers. Of course, a person can be distinct from an officer in many ways, but the text of art. 38.23 does not draw any distinction other than the most general “officer or other person”. And, despite the State’s assertion to the contrary, “officer” in no way modifies “other person” so as to limit the meaning of “other person” to “citizens acting as agents for peace officers”. State’s Brief on Discretionary Review at 11. Not only is the State’s contention grammatically insupportable, but it also proposes that the “other person[s]” are somehow like officers, a concept that contradicts the very definition of “other”, which serves to draw a distinction, albeit broad, between “officer[s]” and “other person[s]”. In fact, many scholars and commentators have consistently regarded the rule as all-inclusive:

The reference to an officer or other person has appeared in the statute since the original enactment in 1925 and always has been thought to mean what it says — that is, to include everybody within the scope of its exclusionary sanction.

Robert 0. Dawson, State-Created Exclusionary Rules in Search and Seizure: A Study of the Texas Experience, 59 Tex.L.Rev. 191, [588]*588226 (1981). This Court, too, has paused to note that, unlike the Fourth Amendment of the United States Constitution which “does not require the exclusion of incriminating evidence illegally obtained through a search by private citizens”, Texas’ exclusionary rule may very well extend to such searches. But, ultimately, we dismissed the issue as having “no bearing” on the case then before us. Brimage v. State, 918 S.W.2d 466, 479 n. 14 (Tex.Crim.App.1996). See also State v. Comeaux, 818 S.W.2d 46, 52 n. 6 (Tex.Crim.App.1991); Gillett v. State, 588 S.W.2d 361, 363-69 (Tex.Crim.App.1979) (Roberts, J., dissenting).

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

State v. Johnson, 939 S.W.2d 586, 1996 Tex. Crim. App. LEXIS 233, 1996 WL 668592 (Tex. 1996).

939 S.W.2d 586 (State v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

The State of Texas v. Matthew Martin
Court of Appeals of Texas, 2025
COCKRELL, RAY LEE v. the State of Texas
Court of Criminal Appeals of Texas, 2025
David William Runyon v. the State of Texas
Court of Appeals of Texas, 2023
Eric Daniel Auld v. the State of Texas
Court of Appeals of Texas, 2023
Ruiz, Lauro Eduardo
577 S.W.3d 543 (Court of Criminal Appeals of Texas, 2019)
Bradley Leroy Thompson v. State
Court of Criminal Appeals of Texas, 2015
Melissa Dromgoole v. State
Court of Appeals of Texas, 2015
Shane Owens v. State
417 S.W.3d 115 (Court of Appeals of Texas, 2013)
Kimball Douglas Hailey II v. State
413 S.W.3d 457 (Court of Appeals of Texas, 2012)
Wilson v. State
311 S.W.3d 452 (Court of Criminal Appeals of Texas, 2010)
Ex Parte Ellis
279 S.W.3d 1 (Court of Appeals of Texas, 2009)
Pitonyak v. State
253 S.W.3d 834 (Court of Appeals of Texas, 2008)
Miles v. State
241 S.W.3d 28 (Court of Criminal Appeals of Texas, 2007)
Martinez v. State
236 S.W.3d 361 (Court of Appeals of Texas, 2007)
Alberto Martinez v. State
Court of Appeals of Texas, 2007
Hector Castro v. State
Court of Appeals of Texas, 2006
Castro v. State
202 S.W.3d 348 (Court of Appeals of Texas, 2006)
Schultze v. State
177 S.W.3d 26 (Court of Appeals of Texas, 2005)
Douglas Wayne Matthews v. State
Court of Appeals of Texas, 2005