Baldwin v. State
Full Opinion (html_with_citations)
delivered the opinion of the unanimous court.
The question here is whether an officer exceeded his authority during a suspectâs detention. After asking the handcuffed suspect where his identification was located, the officer reached into the suspectâs pocket to retrieve his wallet. We hold that the officer did exceed his authority, and we reverse the judgments of the courts below.
I. BACKGROUND
A. The Incident
The trial court denied appellantâs motion to suppress evidence without making any express findings of fact. Viewed in the light most favorable to the trial courtâs ruling,
The woman said that âshe had spotted a white male dressed all in black walking around looking into houses,â and she did not recognize him to be from the neighborhood. Deputy Smith did not know whether the woman meant that the person was looking into houses from the sidewalk or
A few blocks away, Deputy Smith encountered appellant, who matched the description the woman had given him. Appellant was dressed all in black and walking down the sidewalk. After seeing Deputy Smith and making eye contact, appellant âbegan a very fast walking pace away fromâ the officer. Deputy Smith stopped his patrol car, got out, and walked up to appellant. The deputy told appellant about the citizenâs call, asked where he lived, and asked for his identification. Appellant did not respond to the question about where he lived, but he asked why the officer wanted to see his identification, and he looked ânervous.â
At that point, Deputy Smith handcuffed appellant for âofficer safetyâ and asked where his identification was. Appellant replied that it was in his right pants pocket. Deputy Smith considered that response to constitute permission to reach into appellantâs pocket, so he did, and he retrieved a small wallet. Appellantâs driverâs license was in the wallet inside a clear plastic case, and Deputy Smith took the license out of the case to examine it. At that point, he saw a small baggie with white powder in it behind the license. When Deputy Smith took the baggie out of the case, appellant said, âThat dope is not mine. I found it.â The white powder field-tested positive for cocaine.
B. Court of Appeals Opinion
After the motion to suppress was denied, appellant pled guilty pursuant to an agreement. He then appealed. Upholding the trial courtâs ruling on the motion to suppress, the court of appeals found that the circumstances that were related to the officer by the citizen and observed by the officer before appellant was handcuffed were sufficient to give rise to reasonable suspicion to detain him for further investigation.
II. ANALYSIS
We do not need to decide whether Deputy Smith effectuated an arrest or an investigative detention, nor do we need to decide whether reasonable suspicion existed to support an investigative detention. There was no valid basis for an arrest, and, assuming arguendo that there was a
Had there been a valid arrest, Deputy Smithâs act of reaching into appellantâs pocket would have qualified as a âsearch incident to arrest.â
At the time he reached into appellantâs pocket, Deputy Smith had the fol-
lowing information: (1) a woman he knew by sight was so concerned about an unknown man walking in the neighborhood that she called the police, (2) appellant fit the general description given by the woman, (3) appellant was dressed all in black, (4) appellant was looking into houses, but the officer had not ascertained from what vantage point this took place, (5) there had been several recent burglaries in the area, (6) the area was a âmediumâ crime neighborhood, (7) it was 10:30 at night, (8) upon seeing the deputy, appellant began to walk more quickly, (9) appellant was very nervous, glancing around, scanning the area, and refusing to make eye contact with the deputy, and (10) appellant asked why he needed to present his identification. We conclude that these circumstances did not give rise to the relatively high level of suspicion that would constitute probable cause to arrest. Because Deputy Smith did not have probable cause to arrest at the time, reaching into appellantâs pocket cannot be justified by the âsearch incident to arrestâ doctrine.
A valid investigative detention can confer upon an officer the authority to pat down the suspect for weapons.
The only exception worthy of discussion in this case is consent. As mentioned above, Deputy Smith believed that appellantâs answer to a question regarding the location of his identification constituted permission to retrieve that identification. We find this belief to be objectively unreasonable. Appellantâs response was simply an answer to the officerâs question (after being handcuffed) and not a consent for the officer to search his person.
We reverse the judgments of the courts below and remand the case to the trial court for further proceedings consistent with this opinion.
. Guzman v. State, 955 S.W.2d 85, 87-89 (Tex.Crim.App. 1997).
.Deputy Smith described appellantâs nervousness as being "nervous with his hands, lot of movement with his hands, speaking fast, looking, eyes not â head not turning, but eyes scanning the area.â In addition, appellant did not look Deputy Smith in the eye during this interaction.
. Baldwin v. State, 237 S.W.3d 808, 812-14 (Tex.App.-Houston [14th Dist.] 2007).
. Id. at 814.
. Chimel v. California, 395 U.S. 752, 762-63, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).
. Devenpeck v. Alford, 543 U.S. 146, 152, 125 S.Ct. 588, 160 L.Ed.2d 537 (2004).
. Guzman, 955 S.W.2d at 87-88.
. Maryland v. Pringle, 540 U.S. 366, 370-71, 124 S.Ct. 795, 157 L.Ed.2d 769 (2003).
. Id.
. Alabama v. White, 496 U.S. 325, 330, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990).
. Id.
. See Pringle, 540 U.S. at 371, 124 S.Ct. 795 (iquoting Illinois v. Gates, 462 U.S. 213, 235, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)).
. See Teny v. Ohio, 392 U.S. 1, 29, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
. Minnesota v. Dickerson, 508 U.S. 366, 375-76, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993). An officer may not, however, manipulate the unseen item to determine its identity as contraband. Id. at 378-79.
. Id. (discussing Arizona v. Hicks, 480 U.S. 321, 107 S.Ct. 1149, 94 L.Ed.2d 347 (1987))(Though officer in Hicks had the right to be where he was, he could not move a stereo to reveal its serial numbers without probable cause to believe that it was stolen.).
. See Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177, 187, 124 S.Ct. 2451, 159 L.Ed.2d 292 (2004)(â'The principles of Terry permit a State to require a suspect to disclose his name in the course of a Terry stop.â).
. See Kaupp v. Texas, 538 U.S. 626, 631, 123 S.Ct. 1843, 155 L.Ed.2d 814 (2003)(Suspect's "okayâ in response to officerâs statement that "we need to go and talkâ was a "mere submission to a claim of lawful authorityâ rather than consent to accompany the officer.).