Yaws v. State

38 S.W.3d 720, 2001 Tex. App. LEXIS 784, 2001 WL 15614
CourtCourt of Appeals of Texas
DecidedFebruary 6, 2001
Docket06-99-00139-CR
StatusPublished
Cited by20 cases

This text of 38 S.W.3d 720 (Yaws 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
Yaws v. State, 38 S.W.3d 720, 2001 Tex. App. LEXIS 784, 2001 WL 15614 (Tex. Ct. App. 2001).

Opinions

OPINION

ROSS, Justice.

Joel Yaws appeals from his conviction for possession of cocaine in an amount less than one gram. Yaws filed a pretrial motion to suppress the cocaine, which the trial court overruled. Thereafter, he entered a conditional guilty plea pursuant to a plea agreement, reserving his right to appeal. The trial court found him guilty and sentenced him to two years’ confinement, but suspended the imposition of the sentence and placed him on five years’ community supervision. Yaws contends the trial court erred in overruling his suppression motion.

Yaws was arrested at the business of Roger Dean in Texarkana. Earlier that morning, Dean had been involved in a dispute with Yaws over some checks Yaws had written. Yaws left, but promised to return at 11:00 a.m. Dean called the Bowie County Sheriffs Office, fearing that Yaws’ return could lead to violence.

Deputy Ricky Smith testified that he was inside Dean’s business at 11:00 a.m. when Yaws arrived in his pickup truck. Recognizing Yaws from a previous arrest, Smith checked to see if he had any outstanding warrants. Finding that Yaws had an outstanding warrant for failing to appear on a disorderly conduct charge, Smith placed Yaws under arrest. . Deputy Joe Langehinnig arrived and began inventory and impound procedures while Smith transported Yaws to jail. Langehinnig testified that he discovered the cocaine in the ashtray of Yaws’ truck during the inventory search.

Smith and Langehinnig testified that sheriffs office policy requires a vehicle be inventoried and impounded when the driver is arrested and an immediate family member is not on the scene to take possession. They testified that the inventory is conducted at the scene before the vehicle is impounded. Yaws had asked that Smith call his wife, who he said could be at the scene within fifteen minutes to get the truck, but Smith refused. Smith and Lan-gehinnig testified they did not suspect that Yaws’ truck contained drugs.

At a suppression hearing, the trial court is the exclusive trier of fact and judge of the credibility of the witnesses and the weight of their testimony. Green v. State, 934 S.W.2d 92, 98 (Tex.Crim.App.1996). Therefore, an appellate court must [723]*723view the record and draw all reasonable inferences therefrom in the light most favorable to the trial court’s ruling. Villarreal v. State, 935 S.W.2d 134, 138 (Tex.Crim.App.1996). Furthermore, the appellate court must sustain the trial court’s ruling if it is reasonably supported by the record and is correct on any theory of law applicable to the case. Id.; Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App.1990).

The general rule is that an appellate court should afford almost total deference to a trial court’s determination of the historical facts that the record supports, especially when the trial court’s determination of those facts is based on an evaluation of credibility and demeanor. Guzman v. State, 955 S.W.2d 85, 89 (Tex.Crim.App.1997). We are also to 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. Id. Questions not turning on credibility and demeanor may be reviewed by appellate courts de novo. Id.

In Carmouche v. State, 10 S.W.3d 323, 327-28 (Tex.Crim.App.2000), the Texas Court of Criminal Appeals, when faced as we are by an absence of explicit findings of fact, assumed that the trial court made implicit findings that buttressed its conclusions, provided those implicit findings were supported by the record. The court also reviewed de novo the trial court’s application of the relevant Fourth Amendment standards. Id. at 328. We will apply this same standard.

After making a lawful arrest, an officer may search a suspect’s vehicle for the purpose of taking an inventory. Colorado v. Bertine, 479 U.S. 367, 371, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987); Stephen v. State, 677 S.W.2d 42, 44 (Tex.Crim.App.1984); Backer v. State, 656 S.W.2d 463, 464 (Tex.Crim.App.1983). Such a search is lawful as a valid exception to the warrant requirement of the Fourth Amendment because the policies behind the warrant requirement are not implicated in an inventory search. Bertine, 479 U.S. at 371, 107 S.Ct. 738. In fact, issues of probable cause are irrelevant because inventory searches are conducted not to investigate criminal activity, but to protect the owner’s property while it is in police custody to ensure against claims of lost, stolen, or vandalized property and to guard the police from danger. Id. at 371-72, 107 S.Ct. 738; Illinois v. Lafayette, 462 U.S. 640, 643-44, 646-47, 103 S.Ct. 2605, 77 L.Ed.2d 65 (1983).

An inventory search is permissible if it is conducted according to a standard administrative procedure and is not merely “a ruse for a general rummaging in order to discover incriminating evidence.” Florida v. Wells, 495 U.S. 1, 4, 110 S.Ct. 1632, 109 L.Ed.2d 1 (1990); see also Lafayette, 462 U.S. at 646, 103 S.Ct. 2605. The State has the burden of demonstrating compliance with its procedure, and its failure to show evidence that the search was conducted pursuant to its procedure invalidates the search. Gauldin v. State, 683 S.W.2d 411, 415 (Tex.Crim.App.1984), overruled on other grounds, State v. Guzman, 959 S.W.2d 631 (Tex.Crim.App.1998).

However, adherence to a procedure, by itself, will not justify an inventory search if the initial seizure of the vehicle violates the defendant’s rights. See Stephen, 677 S.W.2d at 44 n. 1. Before an inventory search is lawful, there must first be a lawful impoundment. Daniels v. State, 600 S.W.2d 813, 814 (Tex.Crim.App. [Panel Op.] 1980); Benavides v. State, 600 S.W.2d 809, 810 (Tex.Crim.App. [Panel Op.] 1980). An impoundment is lawful if, among other reasons, “the driver is removed from his automobile and placed under custodial arrest and no other alternatives are available other than im-poundment to insure the protection of the vehicle.” Benavides, 600 S.W.2d at 811; see also Daniels, 600 S.W.2d at 814-15.

[724]*724In Stephen,

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Yaws v. State
38 S.W.3d 720 (Court of Appeals of Texas, 2001)

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Bluebook (online)
38 S.W.3d 720, 2001 Tex. App. LEXIS 784, 2001 WL 15614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yaws-v-state-texapp-2001.