Brennan v. State
Brennan v. State
Opinion of the Court
OPINION
Appellant’s motion for rehearing is denied, the opinions issued in this case on January 15, 2004, are withdrawn, and the following opinions are issued in their place.
Ryan Brennan appeals a conviction for driving while intoxicated
An unlawful seizure (detention or arrest) is not, per se, cause to reverse a conviction. See Lyles v. State, 582 S.W.2d 138, 143 (Tex.Crim.App. 1979). Rather, the sanction imposed against an unlawful seizure is the exclusion of evidence thereby obtained. Stiggers v. State, 506 S.W.2d 609, 611 (Tex.Crim.App. 1974). Thus, an
In this case, the motion sought to suppress “any and all evidence seized or obtained as a result of the illegal acts on behalf of the Government in this criminal proceeding ....”; “the evidence which will be offered by the Government in this cause ....”; “[a]ny statements, acts or refusal to cooperate allegedly made by [appellant] in connection with this detention, search and seizure, and any tangible or other evidence seized or acquired then, or at any later time as a result .... “[a]ny statements or acts allegedly attributed to [appellant] ....”; the invocation of any rights asserted by appellant; “[a]ny oral, written or electronically recorded statements, acts or refusal to cooperate allegedly made by [appellant] ....”; and “the statements and acts of [appellant] and also of the seized and derivative evidence.... ” Similarly, the body of the order appellant submitted for a ruling on the motion stated, “On this day came on to be heard [appellant’s] Motion to Suppress, and the Court having considered the same, it is hereby in all things, GRANTED/DENIED.”
Appellant’s motion for rehearing asserts for the first time that the fruits of the illegal seizure are obvious and can easily and unmistakably be ascertained by reviewing the record. It identifies, for the first time, several examples of such items from the reporter’s record of the hearing. However, to have identified these fruits from what is provided in appellants brief, as he now proposes, would have required this court to: (1) assume that evidence appellant sought to suppress had even been admitted into evidence at the hearing, which it was not required to be;
Because the points of error in appellants brief, challenging the denial of his motion to suppress, failed to identify what, if any, evidence was ruled upon by the denial, they present nothing for our review and are overruled.
. Appellant entered a guilty plea, and the trial court assessed punishment of 180 days con-fmement, probated for one year, and a $250 fine.
. Massey v. State, 933 S.W.2d 141, 148 (Tex.Crim.App. 1996); Johnson v. State, 548 S.W.2d 700, 706 (Tex.Crim.App. 1977).
. On the signed order, the trial court’s denial of the motion was signified by crossing out the word, "GRANTED,” and circling the word, "DENIED.”
. In this regard, appellant’s brief states only: "All derivative evidence of the illegal seizure and illegal arrest must be suppressed and "Accordingly, all fruits of his illegal detention, seizure and arrest should be excluded. ...”
. See Gonzales, 966 S.W.2d at 524.
. See Lewis v. State, No. 14-01-00735-CR
Concurring Opinion
concurring.
I respectfully concur in the court’s judgment, but write separately to clarify one point.
Although the majority opinion addresses appellant’s failure to identify the evidence obtained as a result of any alleged illegal act, it does not discuss one of the reasons identification of the evidence is so important. The Texas exclusionary rule requires the exclusion of evidence “obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America.” Tex.Code Crim. Prog. Ann. art. 38.23(a) (Vernon Supp. 2004). This rule imposes serious consequences for any illegal acquisition of evidence and thus operates to discourage searches and seizures in violation of the law. Macklin v. State, 861 S.W.2d 39, 41 (Tex.App.-Houston [14th Dist.] 1993, pet. ref'd) (stating that entire purpose of exclusionary rule is to discourage illegal searches and seizures in violation of the Fourth Amendment by making evidence so seized inadmissible). Evidence should be excluded once a causal connection between the illegality and the evidence is established. Roquemore v. State, 60 S.W.3d 862, 871, 872 n. 15 (Tex.Crim.App. 2001). When, as in this case, the accused has not identified any evidence as fruit of an illegal search or seizure, he cannot reasonably expect the reviewing court to determine whether the trial court erred in its assessment of the causal connection between any alleged illegal acts and the acquisition of evidence.
Reference
- Full Case Name
- Ryan BRENNAN, Appellant v. the STATE of Texas, Appellee
- Cited By
- 22 cases
- Status
- Published