Hoag v. State

In Hoag v. State 728 S.W.2d 375, 377 (Tex. Crim. App. 1987), the officers placed the defendant under surveillance for the purpose of apprehending him in a burglary. Subsequently, the officers removed the defendant from his car at gunpoint and gave him Miranda warnings. Ibid. After searching the defendant's car, they found stolen jewelry and arrested the defendant for burglary of a habitation. Ibid. The defendant claimed that the jewelry was illegally seized through a warrantless arrest. Ibid. In that case, the arresting officers observed the appellant park his car and enter an apartment complex. Id. at 379. When the appellant emerged from the complex, he was carrying a newspaper and a soft drink. Ibid. The officers saw the appellant take something out of his pocket and put it on the floor of the car. Ibid. Suspecting that a burglary had taken place, the officers checked the complex for signs that an apartment had been burglarized and found none. Ibid. This Court held that since the officers checked the apartment complex and failed to find any signs of burglary, there were no other circumstances which could have reasonably shown that the appellant had been guilty of burglary. Id. at 379-80. Therefore, the appellant was not in a suspicious place and the warrantless arrest can not be upheld under Article 14.03(a)(1). Ibid).