514 S.W.2d 748 (Tex.Crim.App. 1974), 49111, Perez v. State

Docket Nº49111.
Citation514 S.W.2d 748
Party NameElias V. PEREZ, Appellant, v. The STATE of Texas, Appellee.
Case DateOctober 23, 1974
CourtCourt of Appeals of Texas, Court of Criminal Appeals of Texas

Page 748

514 S.W.2d 748 (Tex.Crim.App. 1974)

Elias V. PEREZ, Appellant,

v.

The STATE of Texas, Appellee.

No. 49111.

Court of Criminal Appeals of Texas.

October 23, 1974

Gregory Luna and Jeffrey Wentworth, San Antonio, for appellant.

Ted Butler, Dist. Atty., Lucien Campbell, Douglas Young, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The appellant was convicted for possession of heroin, and his punishment assessed by a jury was imprisonment for twelve years. A single ground of error asserts that the trial court erred in denying the appellant's motion to suppress evidence and in overruling his timely objection to the introduction of evidence alleged to have been unlawfully obtained.

On March 11, 1973, between 6:00 and 8:00 p.m., appellant entered the American Hotel in San Antonio and rented a cot for the night from the manager Gerald Gilbert. About 1:00 a.m. the next morning, as Gilbert was checking the second floor of the hotel for drunks and fires, he noticed appellant, apparently unconscious, lying in a toilet stall in the community bath used by tenants. Gilbert was unable to awaken appellant and observed a bottle cap on the floor beside him. Fearing that appellant might be dying, Gilbert called the police.

Officer Robert M. Garcia arrived at the hotel shortly after 1:00 a.m. and was directed by Gilbert to the second floor toilet stall where appellant lay unconscious. Garcia attempted to revive appellant and asked him what was wrong. Appellant, however, made no response. Garcia then

Page 749

noticed a warm bottle cap, a yellow balloon, and an eyedropper on the floor next to appellant. On appellant's left arm Garcia saw what appeared to be a fresh needle mark, which indicated to Garcia that appellant had just had a 'fix' of narcotics. Garcia then asked appellant his name, but appellant gave no answer and only stared at the ceiling. To ascertain whether appellant was carrying any identification, Garcia searched appellant's pockets. In appellant's right front pants pocket Garcia found a pink balloon containing a brown powder later determined to be heroin. After discovery of the suspected heroin, appellant was placed under arrest by Officer Garcia.

In view of the circumstances stated, the search of the appellant could be sustained both on the grounds that Officer Garcia had...

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13 practice notes
  • Sanchez v. State, 091812 TXCA14, 14-11-00690-CR
    • United States
    • Texas Court of Appeals of Texas
    • September 18, 2012
    ...legitimate view of the evidence and all reasonable inferences that may be drawn from that evidence."). [23] See also Perez v. State, 514 S.W.2d 748, 749 (Tex. Crim. App. 1974) (police had probable cause for warrantless search of the defendant when he was found unconscious near drug par......
  • 908 P.2d 931 (Wyo. 1995), 94-187, Morris v. State
    • United States
    • Wyoming Supreme Court of Wyoming
    • December 14, 1995
    ...40 Cal.Rptr. 616 (1964); State v. Auman, 386 N.W.2d 818 (Minn.Ct.App.1986); Missouri v. Miller, 486 S.W.2d 435 (Mo.1972); Perez v. State, 514 S.W.2d 748 (Tex.Crim.App.1974). See United States v. Wilson, 524 F.2d 595 (8th Cir.1975), cert. denied, 424 U.S. 945, 96 S.Ct. 1415, 47 L.Ed.2d 351 (......
  • 383 S.E.2d 286 (W.Va. 1989), 18478, Wagner v. Hedrick
    • United States
    • West Virginia Supreme Court of Appeals of West Virginia
    • April 18, 1989
    ...475 (Fla.App.1974); People v. Smith, 47 Ill.2d 161, 265 N.E.2d 139 (1970); State v. Miller, 486 S.W.2d 435 (Mo.1972); Perez v. State, 514 S.W.2d 748 (Tex.Crim.1974). It should also be stressed, as Professor LaFave points out in his treatise, that the Supreme Court of the United States has n......
  • Al-Saady v. State, 071714 TXCA2, 02-13-00186-CR
    • United States
    • Texas Court of Appeals of Texas
    • July 17, 2014
    ...the warrant requirement. See Foster v. State, 101 S.W.3d 490, 496 (Tex. App.-Houston [1st Dist.] 2002, no pet.); see also Perez v. State, 514 S.W.2d 748, 749 (Tex. Crim. App. 1974); Fineron v. State, 201 S.W.3d 361, 366– 67 (Tex. App.-El Paso 2006, no pet.). Thus, the State established that......
  • Request a trial to view additional results
13 cases
  • Sanchez v. State, 091812 TXCA14, 14-11-00690-CR
    • United States
    • Texas Court of Appeals of Texas
    • September 18, 2012
    ...legitimate view of the evidence and all reasonable inferences that may be drawn from that evidence."). [23] See also Perez v. State, 514 S.W.2d 748, 749 (Tex. Crim. App. 1974) (police had probable cause for warrantless search of the defendant when he was found unconscious near drug par......
  • 908 P.2d 931 (Wyo. 1995), 94-187, Morris v. State
    • United States
    • Wyoming Supreme Court of Wyoming
    • December 14, 1995
    ...40 Cal.Rptr. 616 (1964); State v. Auman, 386 N.W.2d 818 (Minn.Ct.App.1986); Missouri v. Miller, 486 S.W.2d 435 (Mo.1972); Perez v. State, 514 S.W.2d 748 (Tex.Crim.App.1974). See United States v. Wilson, 524 F.2d 595 (8th Cir.1975), cert. denied, 424 U.S. 945, 96 S.Ct. 1415, 47 L.Ed.2d 351 (......
  • 383 S.E.2d 286 (W.Va. 1989), 18478, Wagner v. Hedrick
    • United States
    • West Virginia Supreme Court of Appeals of West Virginia
    • April 18, 1989
    ...475 (Fla.App.1974); People v. Smith, 47 Ill.2d 161, 265 N.E.2d 139 (1970); State v. Miller, 486 S.W.2d 435 (Mo.1972); Perez v. State, 514 S.W.2d 748 (Tex.Crim.1974). It should also be stressed, as Professor LaFave points out in his treatise, that the Supreme Court of the United States has n......
  • Al-Saady v. State, 071714 TXCA2, 02-13-00186-CR
    • United States
    • Texas Court of Appeals of Texas
    • July 17, 2014
    ...the warrant requirement. See Foster v. State, 101 S.W.3d 490, 496 (Tex. App.-Houston [1st Dist.] 2002, no pet.); see also Perez v. State, 514 S.W.2d 748, 749 (Tex. Crim. App. 1974); Fineron v. State, 201 S.W.3d 361, 366– 67 (Tex. App.-El Paso 2006, no pet.). Thus, the State established that......
  • Request a trial to view additional results