Delaporte v. State

5 Citing cases

  1. Ebarb v. State

    598 S.W.2d 842 (Tex. Crim. App. 1980)   Cited 77 times
    Holding order to roll down window or open door is a seizure

    " A proposition considered so fundamental in Delaporte v. State, 471 S.W.2d 856 (Tex.Cr.App. 1971) that without citation of authority an arrest outside an apartment was held invalid because "(t)here was no testimony to show that prior to the time Officer Keeton pushed open the apartment door either of the officers saw a crime being committed in their presence" nor was there evidence of a "disturbance" that purportedly brought them to the place, id. See Articles 14.01, 14.03 and 14.04, V.A.C.C.P. for general statutory authority for a warrantless arrest by a peace officer without a verbal order from a magistrate pursuant to Article 14.02, id. "(I)t is state law and not federal law that governs the legality of a state arrest so long as that law does not violate federal constitutional protections against unreasonable searches and seizures," Milton v. State, 549 S.W.2d 190, 192 (Tex.Cr.App. 1977). Prior to the exclusionary rule one remedy for wrongful arrest was a civil damage action for trespass, Payton v. New York, supra, ___ U.S. at ___, 100 S.Ct. at 1383.

  2. Lowery v. State

    499 S.W.2d 160 (Tex. Crim. App. 1973)   Cited 72 times
    Analyzing the provisions of Chapter Fourteen with respect to a warrantless arrest

    When officers enter the premises to effect a warrantless arrest under Article 14.01, V.A.C.C.P., they must have adequate cause to suspect an offense Before they enter, and justification cannot be developed afterwards. Delaporte v. State, Tex.Cr.App., 471 S.W.2d 856. Other statutory authority for warrantless arrests such as for violation of the Texas Motor Vehicle, Laws, Article 6701d, Sec. 153, Vernon's Ann.Civ.St., and to prevent the consequences of theft, Article 18.22, V.A.C.C.P., is clearly inapplicable here and will not be discussed.

  3. Brown v. State

    481 S.W.2d 106 (Tex. Crim. App. 1972)   Cited 161 times
    In Brown v. State, a uniformed police officer in an unmarked car followed a vehicle thought to be occupied by armed-robbery suspects.

    Lacking specific information linking appellants to the armed robbery at the supermarket, the officer lacked probable cause to arrest them for that crime. Whiteley v. Warden, Wyoming Penitentiary, supra; Beck v. Ohio, supra; Wong Sun v. United States, supra; Rios v. United States, supra; Henry v. United States, supra; Delaporte v. State, Tex.Cr.App., 471 S.W.2d 856; Weaver v. State, supra. Nor do we find sufficient facts to justify independent probable cause for the search.

  4. Perez v. State

    818 S.W.2d 512 (Tex. App. 1991)   Cited 34 times

    To justify a warrantless seizure, the officer must have probable cause to believe the person has committed or is about to commit an offense. Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225, 13 L.Ed.2d 142 (1964); Delaporte v. State, 471 S.W.2d 856, 856-57 (Tex.Crim.App. 1971). Appellant argues both the initial questioning by the officers and the removal to the Customs area were a "seizure."

  5. Finney v. State

    672 S.W.2d 559 (Tex. App. 1984)   Cited 4 times
    In Finney, the court found that although the search of a camper and automobile was not authorized and unlawful, any error of admitting evidence of the items discovered in the search of the camper was harmless given the defendant's voluntary confession.

    A search unlawful at its inception may not be validated by what it produces. Wong Sun v. United States, supra (unlawful arrest not made good by finding heroin); Delaporte v. State, 471 S.W.2d 856 (Tex.Cr.App. 1971). Taking a person into custody and to the police station for questioning on less than probable cause to arrest violates the Fourth Amendment.