Robert Richard Thornton - Voice For The Defense Online

7. D was employed by and resident of apartment complex8. D appeared to have blood on his white pants9. D admitted ownership of master keys found in hallwayof apartment.%TCA noted that D "I iteral ly thrust himself under the s'cru~'?ny L.the investigating officers at the scene of the crime" [Usserx,651//7671 and that then presence of D's keys inside apartment andhis subsequent admission of ownership supplied direct linkbetween D and offense. Because arrest based on probable causeTCA did not need to address "exigent circumstances" on constituti ona l grounds.WARRANTLESS ARREST -- PERMISSIBLE UNDER CHAPTER 14 V.A.C.C.P.:D also challenged arrest on state statutory grounds. Undisputedthat officers made no effort to secure arrest warrant. Policeacknowledged D had not commited felony or offense against publicpeace in their presence and did not flee or appear to be about toescape. 'Only section of Chapter 14 that could be applicable isArt. 14.03 ["suspicious places and circumstances"l. cautioningthat 14.03 should be applied to authorize warrantless arrests inonly limited situations, TCA applied it here. Key factors werethat (1) D's presence was not contrived by law enforcementofficials to circumvent procurement of warrant, and (2) D'sarrest. did not occur in a place where he could claim a reasonableexpectation of privacy.GUILTY PLEAS -- WHAT HAPPENS WHEN T/C REFUSES TO SUPPRESS ITEMSAND D SUBSEQUENTLY STIPULATES TO EVIDENCE WHICH CONTAINED FRUITSOF THE ERROR? TCA holds "if the guilty plea or plea of nolocontendere is supported by evidence as required by Article 1.15tainted evidence, then any erroneous ruling on an appealablepretail motion does not vitiate the conviction."NOTE: TCA dlstfnguishes recent case of Rodriguez, (Nos.67,744 and 67,745 decided 4/17/86) where TCA held thatif the ground of error is insufficiency of the evidenceto support the plea then the judicial confession will- not be disregarded. Here case involved disposition ofcase after erroneous pre-trial ruling so Rodriquginapplicable.D sought to suppress items seized from his apartment. Theremaining untainted evidence included examining trial testimonyof eye witness, seizure of D's pants, D's admission of ownershipof keys. TCA found that untainted stipulated evidence, absentjudicial confession and plea, embraced every essential element.February 1987 1 VOICE for the Defense SDR-3