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Britton v. State

The trial court erred in admitting an officer's hearsay testimony regarding information provided by an anonymous caller to explain the officer's actions in stopping the defendant.

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Following a jury trial, Daniel Britton, Jr. was convicted of the offenses of trafficking in cocaine, possession of firearm by a convicted felon and possession of a firearm during the commission of a crime. He appeals.

The evidence at trial showed that on January 30, 1995 a detective with the Liberty County Sheriff’s Department assigned to the Multi-Agency Crack Enforcement Drug Task Force received a telephone call from an anonymous caller. The caller stated that he knew Britton from some business dealings. He said that Britton would be driving a new blue pick-up truck with gold rims in Liberty County and would be carrying cash and drugs under a false bottom in the truck’s console. As a result, a lookout was posted for a vehicle matching the description. Police located the truck and stopped it. The officers told Britton that they had received information that he had a large sum of cash and a large sum of money in his truck, and they asked for permission to search the truck. Britton told the officers that there was no cocaine in the truck and gave his consent to search. One of the agents pulled out the center console and found cocaine, $12,000 in U. S. currency, and a loaded gun in a space beneath the console. Officers testified at trial that police had previously searched vehicles belonging to Britton, but found no drugs.

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