Scott Mathews Whaley v. State Texas

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 appellants 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 L. Ed. 2d 723 (1964), had not been satisfied in that the unnamed informant did not advise the Dallas police officers that he had personally observed anyone in possession of the drugs, nor did he say how he came by the information he related to the officer. Initially, we refused to grant the States petition for discretionary review. However, we now grant the States motion for rehearing.