Thompson v. State, 51031
| Decision Date | 10 March 1976 |
| Docket Number | No. 51031,51031 |
| Citation | 533 S.W.2d 825 |
| Parties | Richard Wayne THOMPSON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Harold J. Laine, Jr., Port Arthur, Walter M. Sekaly, Beaumont, for appellant.
Tom Hanna, Dist. Atty., and John R. DeWitt, Asst. Dist. Atty., Beaumont, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.
This is an appeal from a conviction for burglary. Appellant was found to be an habitual offender and was sentenced to life imprisonment.
Appellant's sole contention is that the evidence used against him was obtained as the result of an illegal arrest and search.
On the morning of March 7, 1974, at about 1:00 a.m., appellant and his brother were walking along Lewis Drive in Port Arthur. This was a high crime area where many prowlers had been recently reported. Appellant was carrying what appeared to the officers as a woman's type suitcase. Officers Oakes and Moye of the Port Arthur Police Department stopped the two and asked them for some identification. When appellant gave his name Officer Oakes recognized it as that of one who had been mentioned by other officers. Appellant told him that he had been convicted for burglary.
After stopping them, the officers saw that appellant was carrying a blue suitcase with one metal tag reading 'Western Electric Company' and a second tag bearing the name of Mrs. Irene Taylor, Beaumont, Texas. Appellant told the police that he had found the suitcase along the side of the road in Baytown. He gave the officers three different addresses where he lived and 'he didn't know where he was going.'
The officers arrested the appellant and his brother and took them to the police station. At the station the officers opened the suitcase and found two desk telephones.
Later that morning a burglary was discovered at Lee Elementary School in Port Arthur. A blue suitcase containing two demonstration telephones belonging to Southwestern Bell was reported stolen. The burglary took place from two to four blocks from where the appellant and his brother were arrested. The appellant's fingerprints were found outside a broken window used as an entrance by the burglar.
A police officer may make an investigatory stop under appropriate circumstances even though the officer has no probable cause for arrest. An officer may have specific and articulable facts which, in the light of his experience and general knowledge, reasonably warrant such a stop. Hernandez v. State, 523 S.W.2d 410 (Tex.Cr.App.1975); Baity v. State, 455 S.W.2d 305 (Tex.Cr.App.1970); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
Article 14.03, V.A.C.C.P., authorizes a warrantless arrest of a person found in a suspicious place and under circumstances which reasonably show that the person has been guilty of some crime. Hunnicutt v. State, 531 S.W.2d 618 (Tex.Cr.App.1976). See Wood v. State, 515 S.W.2d 300 (Tex.Cr.Ap...
To continue reading
Request your trial
-
Johnson v. State
...recent burglaries in that area" that had " ‘usually’ taken place between three and five in the morning") with Thompson v. State , 533 S.W.2d 825, 826 (Tex. Crim. App. 1976) (characterizing an area as "high crime" where "many prowlers had been recently reported.") and Burton v. State , No. 1......
-
Guzman v. State
...find probable cause existed, it may become an important factor when considering the totality of the circumstances. Cf. Thompson v. State, 533 S.W.2d 825 (Tex.Cr.App.1976) (Court held that two men found in a high crime area carrying what appeared to be a woman's suitcase was sufficient proba......
-
Adams v. State
...the result of appellant's arrest, thus we hold appellant does have standing to challenge the validity of his arrest. See Thompson v. State, Tex.Cr.App., 533 S.W.2d 825. Circumstances which do not constitute probable cause for arrest may justify lesser intrusion upon the personal security, s......
-
Miffleton v. State
...422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975); Armstrong v. State, 550 S.W.2d 25 (Tex.Cr.App.1977); Thompson v. State, 533 S.W.2d 825, 826 (Tex.Cr.App.1976). An investigatory stop may lead to discovery of facts which justify a full custodial arrest if the officer observes an offense be......
-
Arrests
...parking lot. Rysiejko v. State, 782 S.W.2d 529 (Tex. App.—Houston [14th Dist.] 1989, pet. ref’d ) A high crime area. Thompson v. State, 533 S.W.2d 825 (Tex. Crim. App. 1976) Murder crime scene. Johnson v. State, 722 S.W.2d 417 (Tex. Crim. App. 1986); Douglas v. State, 679 S.W.2d 790 (Te......
-
Arrests
...parking lot. Rysiejko v. State, 782 S.W.2d 529 (Tex. App.—Houston [14th Dist.] 1989, pet. ref’d ) A high crime area. Thompson v. State, 533 S.W.2d 825 (Tex. Crim. App. 1976) Murder crime scene. Johnson v. State, 722 S.W.2d 417 (Tex. Crim. App. 1986); Douglas v. State, 679 S.W.2d 790 (Te......
-
Arrests
...parking lot. Rysiejko v. State, 782 S.W.2d 529 (Tex. App.—Houston [14th Dist.] 1989, pet. ref’d ) A high crime area. Thompson v. State, 533 S.W.2d 825 (Tex. Crim. App. 1976) Murder crime scene. Johnson v. State, 722 S.W.2d 417 (Tex. Crim. App. 1986); Douglas v. State, 679 S.W.2d 790 (Te......
-
Arrests
...parking lot. Rysiejko v. State, 782 S.W.2d 529 (Tex.App.— Houston [14th Dist.] 1989, pet. ref’d ) A high crime area. Thompson v. State, 533 S.W.2d 825 (Tex. Crim. App. 1976) Murder crime scene. Johnson v. State, 722 S.W.2d 417 (Tex. Crim. App. 1986); Douglas v. State, 679 S.W.2d 790 (Te......