Thomas Edward Mayberry v. State Texas

On December 10, 1971, Officers Walker, Avey, and Barnett went to a residence at 4152 Prescott Street in Dallas after having been advised that this was the address of one Ed Weaver. They were seeking Weaver by reason of information they had received that Weaver had purchased a stolen television set. Upon knocking at the door at the address in question, a person later identified as James E. Goodman, alias Norris Paul Dittrick, opened the door. Goodman, in response to the officers questions, stated that he did not live there and he did not know if Ed Weaver lived there. Goodman told the officers "Old Tom pays the rent" and "Old Tom will know where Ed is at." The officers then asked, "Could we talk to Old Tom?" While there is conflict among the officers testimony as to what, if anything, was said at this juncture, all three officers testified that Goodman motioned with his hand for them to follow him. The three officers entered the living room and Barnett testified that Goodman motioned to him a second time to follow him. Barnett entered the kitchen behind Goodman and observed appellant cutting or slicing a white substance that appeared to be heroin. A lab analysis of the powder seized from the table in the kitchen revealed that the substance contained heroin and morphine.