Moore v. State
Moore v. State
Opinion of the Court
The State of Texas filed a notice of seizure and intended forfeiture of a 1970 Ford automobile, asserting that Robert Paul Moore was illegally transporting marijuana in such vehicle. The court sitting without a jury found for the State of Texas and ordered the automobile forfeited. Robert Paul Moore has appealed.
Appellant Moore presents two points of error asserting that the court erred in forfeiting the 1970 Ford automobile, because he, Moore, was arrested without a search warrant and was illegally searched in that there was no evidence to support a finding that the officers acted in accordance with Article 14.01 of the Texas Code of Criminal Procedure in arresting and searching appellant without a search warrant.
Appellee contends that the court did not err in forfeiting to the State of Texas the Ford automobile in question because Article 725d Vernon’s Ann.P.C. authorizes the arrest, search and forfeiture and that Article 14.03 Vernon’s Ann.C.C.P. also clearly authorizes the arrest and search.
The record shows that information possessed by the officers prior to appellant’s arrest was that he planned to leave his house east of Abilene at a certain time carrying marijuana to a house in Abilene for the purpose of sale. Officer Otis McLin of the Abilene Police Department testified that on or about the 26th day of March, 1970 at around one-thirty in the morning he received a tip from a reliable informant that appellant was going to transfer some marijuana to other persons. He testified that he and fellow officers had on several occasions in the past received information about Moore’s traffic in marijuana and had observed known narcotics users going back and forth to his home; that appellant Moore lived on East Highway 80 out of Abilene and that he knew appellant’s address; that appellant was known to him and other officers as a narcotics user and possessor; that the information which he received at about one-thirty in the morning, as above stated, was from a reliable and creditable source, a person who had previously given information to the officers in such matters and that information had always been correct. The police officer stated that at the time he received such information there was a pop festival going on in Lubbock and the information he received from the informer was that several people were going to meet appellant at an address on Cedar Street in Abilene where he would make a delivery of marijuana; that the people who would meet appellant at that address and receive the marijuana would then go on to the pop festival in Lubbock. The informer gave specific names of persons to whom deliv
In our opinion the above facts available to the officers at the time of appellant’s arrest reasonably tended to show that he was guilty of a felony, towit the possession and transporting of contraband narcotics; that the first knowledge the officers had that appellant would transport the marijuana in the green Ford van was shortly before the time of the search and arrest, and his arrest and search incident thereto were lawful. Article 725d V.T.P.C.; Article 14.03 V.T.C.C.P.; Clifton v. State, 399 S.W.2d 353 (Tex.Cr.App., 1966); Carranco v. State, 419 S.W.2d 380 (Tex.Cr.App., 1967); Rosales v. State, 420 S.W.2d 717 (Tex.Cr.App., 1967); Gonzales v. State, 402 S.W.2d 763 (Tex.Cr.App., 1966); Platt v. State, 402 S.W.2d 898 (Tex.Cr.App., 1966).
Appellant’s points are overruled.
The judgment is affirmed.
Reference
- Full Case Name
- Robert Paul MOORE (1970 Automobile) v. STATE of Texas
- Cited By
- 1 case
- Status
- Published