Whaley v. State

OPINION ON STATE’S MOTION FOR REHEARING ON PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted of possession of cocaine. Punishment was assessed at four years, probated. The Dallas Court of Appeals, addressing the sole ground of error raised, reversed appellant’s conviction on the basis that the warrantless arrest and search were invalid in that the officers lacked probable cause. Whaley v. State, 638 S.W.2d 526 (Tex.App. — Dallas 1982). Specifically, the Court of Appeals held that the “basis of knowledge” prong of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12…