State v. Christopher Tye Coleman

Summary

The Texas Court of Criminal Appeals considers whether a cattle ranger committed impersonation of a public servant while questioning the appellee about an offense outside the ranger’s limited statutory authority. The court holds that the ranger did not commit that offense under the circumstances presented and concludes that the lack of statutory investigative authority alone did not establish standing for suppression under Article 38.23. The court reverses the judgment of the court of appeals.

Holdings

1. A public servant does not impersonate a different public servant merely by accurately identifying his actual position and generically stating that he is a police officer. To impersonate a public servant, the actor must falsely represent himself to be the public servant he allegedly impersonated; the record did not establish that Jeter falsely represented himself as a Texas Ranger or another different public servant.
2. Conducting the interview did not violate Texas Penal Code section 37.11(a)(2) because the encounter was consensual and Jeter did not purport to exercise official authority by knocking on Coleman's door, asking to enter, and asking questions.
3. A defendant's showing that a law-enforcement officer lacked statutory authority to conduct an investigation is, standing alone, insufficient to establish the infringement of a legal right required to invoke article 38.23.

Questions Presented

1. Whether a cattle ranger who truthfully identifies himself as a cattle ranger but states that he is still a police officer impersonates a public servant under Texas Penal Code section 37.11 during a consensual interview.
2. Whether the lack of statutory authority to investigate an offense, standing alone, gives a defendant standing to invoke Texas Code of Criminal Procedure article 38.23.
3. Whether the court of appeals properly affirmed suppression under the impersonation theory.

Disposition

reversed_and_remanded