Crawford v. State, 44835
| Decision Date | 12 April 1972 |
| Docket Number | No. 44835,44835 |
| Citation | 478 S.W.2d 456 |
| Parties | Samuel CRAWFORD, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Wade, Rasmus & Washington by Craig A. Washington, Sr., Houston, for appellant.
Carol S. Vance, Dist. Atty., George Jacobs, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.
This appeal arises out of a conviction for unlawfully carrying a pistol, second offense. Punishment was assessed at 540 days in the county jail.
Appellant contends the court erred in permitting the introduction of testimony concerning a pistol seized as a result of a search incident to an illegal citizen's arrest.
The record reflects that on June 15, 1970, Paula Joseph pointed out the appellant as the man who had assaulted her on May 27, 1970. Her uncle, Roger Joseph, a taxicab driver, stopped the appellant and with the help of others forced the appellant into his cab.
Houston Police Officer Wiggins received a disturbance call and proceeded to the 3800 block of Sampson where 18 or 20 persons were standing around a taxicab. He then observed the appellant, Roger Joseph and another man all struggling and fighting in the back of the cab, that the appellant was 'mouthing' and had a bulge in his right front pocket. At this point, he arrested the appellant and searched him finding a .22 pistol in his pocket wrapped in a towel.
Testifying in his own behalf, appellant admitted that at the time he had the .22 pistol.
There are thus several reasons why appellant's contention is without merit.
First, in Daniels v. State, 387 S.W.2d 886 (Tex.Cr.App.1965), the court stated:
Second, it appears that the pistol was found as a result of a search incidental to an arrest by Officer Wiggins. Under Art. 14.01 and 14.03, Vernon's Ann.C.C.P., the officer clearly had the authority to arrest without a warrant and the search incident thereto would be valid. Cf. Cox v. State, 442 S.W.2d 696 (Tex.Cr.App.1969); Alexander v. State, 458 S.W.2d 656 (Tex.Cr.App.1970).
Under these circumstances we need not consider the validity of a citizen's arrest, if any there was.
We do observe in passing that the Fifth Circuit Court of Appeals has held in Barnes v. United States, 373 F.2d 517 (1967), and in Watson v. United States, 391 F.2d 927 (1968), that the Fourth Amendment, United States Constitution, does not require exclusion of incriminating evidence obtained through a search by a private citizen.
Next, appellant complains of the admission into evidence of testimony concerning the aggravated assault charge against Paula...
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