West v. State

In West v. State, 720 S.W.2d 511 (Tex. Crim. App. 1986), residents on the balcony of an apartment complex heard a sound like the repeated slamming of a door, then saw a man whose clothes were wet with blood leaving one apartment. Entering the same unit, they found the lifeless body of the victim. Id. at 512. The police were summoned, and another resident volunteered that the described perpetrator was staying in another apartment in the complex. West, 720 S.W.2d at 512-513. Police went to that apartment and knocked on the door. The door was answered by West's companion; West was visible in the background, wearing only a pair of shorts. Id. at 513. West was arrested and identified by the witnesses. The court upheld his arrest as fitting within the exception of article 14.04: "having come lawfully upon the person whom they had probable cause to believe to have committed an offense of which they had first hand knowledge, under circumstances that gave rise to the conclusion that the suspect would flee if permitted to do so, they arrested that suspect." Id. at 518. The court concluded: Where officers who reasonably believe that further investigation of an offense may be necessary in order to justify the issuance of a warrant, and where those officers undertake that investigation lawfully and without impinging upon reasonable expectations of privacy, and where that investigation leads to the receipt of information which in combination with their other information constitutes probable cause to arrest the suspect, but that information is obtained in the presence of the suspect under circumstances which would lead the officers reasonably to believe that the suspect would take flight if given the opportunity to do so, the officers are authorized to arrest. West, 720 S.W.2d at 518.