LeCOURIAS v. State
341 S.W.3d 483
| Tex. App. | 2011Background
- Appellant charged with misdemeanor driving while intoxicated.
- Motion to suppress asserted lack of evidence of operation in officer's presence, lack of probable cause for public intoxication, and illegal initial detention.
- Witness described erratic driving, center-line crossing, speeding, and assuaged by following vehicle; witness identified appellant at scene and remained on 911 call until officers arrived.
- Officer arrived, noted appellant holding a cup with odor of alcohol, and observed signs of intoxication after speaking with appellant; field sobriety tests showed impairment.
- Trial court found probable cause for arrest; State argued arrest could be without warrant under Article 14.03; appellant pleaded guilty and was sentenced.
- Court affirmed denial of suppression; condemned warrantless arrest and detention as justified under applicable Fourth Amendment and Texas procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the detention justified by reasonable suspicion? | Lecourias lacked vehicle operation evidence in view; informant data insufficient. | Totality of circumstances, including 911 information and witness observation, supported detention. | Detention justified by reasonable suspicion. |
| Was the warrantless arrest justified under Article 14.03? | No probable cause or suspicious place to arrest without warrant. | Probable cause plus suspicious place and exigent circumstances justified warrantless arrest. | Warrantless arrest justified; suppression denied. |
Key Cases Cited
- Guzman v. State, 955 S.W.2d 85 (Tex.Crim.App. 1997) (review standard for suppression; defer to trial court on facts)
- Wiede v. State, 214 S.W.3d 17 (Tex.Crim.App. 2007) (trial court is sole finder of fact; deference to factual determinations)
- Banda v. State, 317 S.W.3d 903 (Tex.App.-Hous. (14th Dist.) 2010) (cooperating officer and informant information can support reasonable suspicion; suspicious place analysis)
- Miles v. State, 241 S.W.3d 28 (Tex.Crim.App. 2007) (driving while intoxicated as breach of the peace; framework for RTCs)
- Dyar v. State, 125 S.W.3d 460 (Tex.Crim.App. 2003) (suspicious place analysis; totality of circumstances)
- Gallups v. State, 151 S.W.3d 196 (Tex.Crim.App. 2004) (suspicious place considerations; timing supports immediacy of action)
- Swain v. State, 181 S.W.3d 359 (Tex.Crim.App. 2005) (warrantless arrest standards; Chapter 14 framework)