Yates v. State

3 Citing cases

  1. Brooks v. State

    707 S.W.2d 703 (Tex. App. 1986)   Cited 12 times
    Holding where essential facts concerning search or arrest not in dispute, legality of search or arrest is question of law, not of fact

    Earley v. State, 635 S.W.2d 528 (Tex.Crim.App. 1982); Yates v. State, 677 S.W.2d 215 (Tex.App.-Houston [1st Dist.] 1984, no pet.). Probable cause to arrest or search exists when the facts and circumstances within the knowledge of the arresting officer, and of which he has reasonably trustworthy information, are sufficient to warrant a reasonable and prudent man in believing that a particular person has committed or is committing a crime. Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); Hawkins v. State, 660 S.W.2d 65, 70 (Tex.Crim.App. 1983); Yates v. State, 677 S.W.2d at 218. Police broadcasts that are based upon probable cause and that report a felony and a description of the perpetrator satisfy the requirements for a warrantless arrest pursuant to article 14.04.

  2. McMillian v. State

    873 S.W.2d 62 (Tex. App. 1993)   Cited 2 times
    In McMillian, the trial court was faced with a juror making comments to other jurors about her reason for finding the defendant guilty.

    The Court went on to say that evidence does not necessarily have to be excluded, even if there is some suggestiveness, if the identification is reliable. See also Jackson v. State, 628 S.W.2d 446 (Tex.Cr.App. 1982); Yates v. State, 677 S.W.2d 215 (Tex.App. — Houston [1st Dist.] 1984, no pet.). Further, in Clay v. State, 518 S.W.2d 550 (Tex.Cr.App. 1975), the Court of Criminal Appeals held that in-court testimony of an identifying witness is admissible, as long as the record clearly reflects that the witness' observation of the accused during the offense was sufficient to serve as an independent origin for the in-court identification.

  3. Vasquez v. State

    699 S.W.2d 294 (Tex. App. 1985)   Cited 9 times
    Finding probable cause established by detailed and comprehensive nature of informant's tip

    A warrantless arrest or search is justified if the State can show the existence of a probable cause at the time the arrest or search is made as well as circumstances which made the procuring of a warrant impracticable. Nastu v. State, 589 S.W.2d 434 (Tex.Crim.App. 1979); Yates v. State, 677 S.W.2d 215 (Tex.App.-Houston [1st Dist.] 1984, no pet.). Probable cause for an arrest exists when, at the moment of arrest, the arresting officer has knowledge of facts and circumstances, obtained from a reliable source, which would cause a reasonable and prudent man to believe that a particular person has committed or is committing a crime.