John Wayne Polly v. State, 533 S.W.3d 439

John Wayne Polly was arrested and convicted by a jury for driving while intoxicated (DWI); he appealed after the trial court denied his pretrial motion to suppress.
Deputies responded to a highway collision; first officer Pena smelled alcohol on Polly, detained him, placed him in a patrol car, and summoned the Traffic Safety Unit; Deputy Santana later conducted field sobriety tests and arrested Polly.
Videotape of the field sobriety tests (admitted at trial) shows Polly admitted drinking three alcoholic beverages and documents the stop and tests; arrest occurred about eight minutes after testing began.
Evidence at the suppression hearing included officers’ observations of odor of alcohol, Polly’s poor performance on sobriety tests, and Polly’s admission of drinking; witnesses disputed details about whether Polly attempted to pass on the shoulder.
Polly argued officers lacked authority to arrest him without a warrant because the DWI did not occur in their presence (art. 14.01(b)); the State argued the arrest was valid under article 14.03(a)(1) for persons found in a "suspicious place."
The trial court denied the motion to suppress; the Fourth Court of Appeals affirmed, holding the totality of circumstances supported a warrantless arrest under art. 14.03(a)(1).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Polly’s warrantless arrest was unlawful because the DWI did not occur in the officers’ presence	Polly: Arrest without warrant invalid under art. 14.01(b) because offense not committed in officer’s presence	State: Arrest valid under art. 14.03(a)(1) because Polly was found in a "suspicious place" and officers had probable cause	Court: Held arrest valid under art. 14.03(a)(1); probable cause and suspicious-place factors satisfied

State v. Story, 445 S.W.3d 729 (Tex. Crim. App. 2014) (standard of review for suppression rulings; deference to trial court on historical facts)
Dyar v. State, 125 S.W.3d 460 (Tex. Crim. App. 2003) (totality-of-circumstances test for Article 14.03(a)(1); need probable cause and a "suspicious place")
Amador v. State, 275 S.W.3d 872 (Tex. Crim. App. 2009) (definition of probable cause as reasonably trustworthy information supporting belief a breach of the peace occurred)
Gallups v. State, 151 S.W.3d 196 (Tex. Crim. App. 2004) (driving while intoxicated constitutes a breach of the peace)
Swain v. State, 181 S.W.3d 359 (Tex. Crim. App. 2005) (any place may become "suspicious" when circumstances create reasonable belief of commission of a crime and exigency for immediate action)
LeCourias v. State, 341 S.W.3d 483 (Tex. App.—Houston 2011) (probable cause for DWI based on smell of alcohol, poor field-sobriety performance, and admissions)