United States v. Isidro Morales

GEE, Circuit Judge:

The issues on this appeal arise from references made at trial to the failure of the appellant, at the time of his arrest, to explain to the arresting officers that he was conducting an undercover operation as he later claimed. Appellant Morales contends that these references infringe the rule of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976).

Facts

Appellant Isidro Morales was Constable of Precinct 3, Brooks County, Texas. Undercover DEA Agent Tittle, acting on a confidential tip that Morales was corrupt, approached Morales indirectly by means of a taped…