Court of Criminal Appeals of Texas

Scott Mathews Whaley, Appellant v. the State of Texas, Appellee

March 27, 19851985 Tex. Crim. App. LEXIS 1738

Summary

The Court of Criminal Appeals held that probable cause existed for the warrantless arrest based on a totality‑of‑circumstances analysis, affirming the trial court’s denial of suppression and reversing the intermediate appellate court. The decision adopts the Gates approach, finding the informant’s tip corroborated by police observation sufficient. Justice Clinton, dissenting, argued that Gates does not control warrantless arrests and that the case should be remanded to decide the applicable state standard.