State V. Garrett

Appellee Charles Ray Garrett, Jr. was charged by information with the misdemeanor offense of driving while intoxicated ("DWI"). See Tex. Penal Code Ann. § 49.04 (West Supp. 2000). Garrett filed a motion to suppress all evidence obtained at the time of his detention. The trial court granted the motion in part, ruling that Garrett's arrest without a warrant was illegal and suppressing all evidence obtained thereafter. The State of Texas appeals from the trial court's interlocutory order in three points of error, arguing that the DWI arrest was not an unreasonable search and seizure under the United States Constitution, the Texas Constitution, or the Texas Code of Criminal Procedure. See U.S. Const. amend. IV; Tex. Const. art. I, § 9; Tex. Code Crim. Proc. Ann. art. 14.01 (West 1977) & art. 38.23 (West Supp. 2000). We will reverse and render judgment, overruling the trial court's partial granting of the motion to suppress, and remand this cause to the trial court for further proceedings.