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Ford v. State

In a pre-trial motion to suppress hearing, a trial court may rely upon any relevant, reliable and credible information, even though it may be unsworn hearsay. Texas Court of Criminal Appeals, No. PD-1753-08, 10-21-2009.

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Cochran, J., delivered the opinion of the Court in which Price, Womack, Johnson and Holcomb, JJ., joined. Keller, P.J., Keasler and Hervey, JJ., concurred in the result. Price, J., filed a concurring opinion in which Johnson, J., joined. Meyers, J., filed a dissenting opinion.

OPINION

This case concerns a pre-trial suppression hearing in which the trial court relied upon an unsworn police offense report in ruling that the deputy had probable cause to arrest appellant. After the trial court denied his motion to suppress, appellant pled guilty to possession of marihuana. The court of appeals reversed, concluding that the trial court erred in considering the unsworn report; therefore, the State failed to produce any evidence at the suppression hearing to support appellant’s arrest.*fn1 The State claims that (1) the court of appeals overturned the trial court’s ruling based on an argument appellant did not make in the trial court; and (2) the trial court may base its pre-trial suppression ruling on an unsworn police report.*fn2 Although we hold that appellant preserved this issue for appeal, we agree with the State’s second contention that, in a pre-trial motion to suppress hearing, a trial court may rely upon any relevant, reliable, and credible information, even though it may be unsworn hearsay. Therefore, we reverse the judgment of the court of appeals.

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