Illegal Search and Seizure - Fourth Amendment Rights of a Third Party
In Rakas v. Illinois, 439 U.S. 128, 58 L. Ed. 2d 387, 99 S. Ct. 421 (1978), the Supreme Court held that "a person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's premises or property has not had any of his Fourth Amendment rights infringed." Id. at 134.
The Court specifically rejected appellant's argument that the "victim" of an illegal search and seizure should have the right to assert a violation of the Fourth Amendment rights of a third party. See Rakas, 439 U.S. at 136-37.
Probable cause to arrest exists where the facts and circumstances within the arresting officer's knowledge are sufficient to warrant a person of reasonable caution to believe an offense has been or is being committed. See Guzman, 955 S.W.2d at 87; Amores v. State, 816 S.W.2d 407, 413 (Tex. Crim. App. 1991); Leday v. State, 3 S.W.3d 667, 671 (Tex. App.--Beaumont 1999, pet. ref'd).
An officer may make a warrantless arrest for any offense committed in his presence or within his view. See Tex. Code Crim. Proc. art. 14.01(b) (West 1977).