Pickens v. State, 01-85-0847-CR
| Decision Date | 22 May 1986 |
| Docket Number | No. 01-85-0847-CR,01-85-0847-CR |
| Citation | 712 S.W.2d 560 |
| Parties | Joseph Wrisbon PICKENS, Appellant, v. The STATE of Texas, Appellee. (1st Dist.) |
| Court | Texas Court of Appeals |
Gerald A. Burks, Galveston, for appellant.
Michael J. Guarino, Galveston County Dist. Atty., Susan W. Burris, Galveston County Asst. Dist. Atty., Galveston, for appellee.
Before SAM BASS, COHEN and DUNN, JJ.
Appellant pled guilty to the offense of forgery enhanced with one prior conviction, and was sentenced to 10 years confinement. The right to appeal the denial of his motion to suppress was preserved.
In his sole ground of error, appellant contends that the trial court erred in denying his motion to suppress evidence obtained as a result of an unlawful arrest.
The facts elicited at the hearing on appellant's motion to suppress show that on June 14, 1985, shortly after noon, appellant was seen walking along the outside corridor of the Seahorse Motel in Galveston by David Kiff, a Galveston police officer on regular patrol. Kiff testified that appellant was walking slowly and uncertainly in both directions along the corridor, "and all the while he was looking around as if he were looking for somebody that might be watching him, for whatever reason." Kiff also saw appellant lean over the bannister and apparently speak to someone in the parking lot below. After waiting for appellant to come down to the parking lot, Kiff saw him driving an automobile through the lot "very slow," and saw a woman approach the car. At that time, Kiff "figured something was going on," and followed appellant with the intent to perform a routine license number check on the automobile. Kiff testified that appellant attempted to evade him by putting his automobile in reverse gear and driving to another part of the parking lot. Kiff testified that, at this time, "there was enough to check him out." Appellant approached Kiff upon the latter's request and asked if he could help him. In response to questioning, appellant identified himself and stated that he was going to see about renting a motel room. After finding out that appellant had no driver's license with him, Kiff called on his radio for an additional unit. He testified that there had been a history of burglaries at the Seahorse Motel, and that he informed appellant that, for this reason, the police needed to "check him out."
After the arrival of Officer Thomas in response to Kiff's call, appellant was handcuffed and placed in Thomas' patrol car. Kiff testified that this was done because the officers "wanted to make sure if anything was broken into, and putting him in there, there was no way he could take off." At some point, appellant's name was broadcast over the police radio and information was received that appellant had been arrested three weeks before for forgery.
While appellant remained in Thomas' patrol car, Kiff and Thomas searched the motel rooms to see if any burglaries had occurred. After finding nothing to indicate criminal activity by appellant, the officers removed him from the patrol car. Kiff testified that they did this with the intent to let appellant get into his car and leave, but Thomas stated that appellant was still being detained and that appellant's car was going to be towed.
At this time, Thomas raised the backseat of his patrol car and found a picture identification card bearing appellant's photograph, another i.d. card, and a check. The i.d. cards were in the name of, and the check was made payable to, "Jack Johnson." The check payable to Jack Johnson was the basis of appellant's prosecution.
Although appellant primarily contends that his arrest was unlawful, the State urges that appellant was merely being detained for investigative purposes. However, the handcuffing of appellant and his placement in the patrol car is equivalent to arrest. See Tex.Code Crim.P.Ann. art. 15.22 (Vernon 1977). The threshold inquiry, therefore, is whether the arresting officer had sufficient reasonable suspicion to initiate the investigatory stop that preceded the arrest and the discovery of evidence.
It is well established that an officer may briefly stop a suspicious individual in order to determine his identity or to maintain the status quo while obtaining further information. Johnson v. State,...
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