509 S.W.3d 591
Tex. App.2016Background
- Police responded to identified 911 callers who reported a silver Hyundai weaving across lanes, nearly striking barriers, and pulling into garage #87 at 2500 Rockbrook Dr.; a caller stayed on scene.
- Officers were dispatched within minutes; they located townhouse #87, knocked, and appellant Marlene Cook answered and admitted she had driven a silver Hyundai and had just arrived home from a party.
- Detective Colbath observed red/watery eyes, slurred speech, and an odor of alcohol; he asked Cook to step outside and she voluntarily submitted to standardized field sobriety tests, which she failed.
- After the tests and witness statements, Detective Colbath arrested Cook without a warrant; blood was drawn and she was charged with DWI (alleged BAC ≥ 0.15).
- Cook moved to suppress blood evidence and statements, arguing officers lacked reasonable suspicion to detain her, lacked probable cause to arrest, and the warrantless arrest was not authorized by Tex. Code Crim. Proc. art. 14.03 (suspicious place). The trial court denied suppression; Cook pled nolo contendere and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to detain Cook for DWI | Cook: 911 callers did not identify driver; officer lacked articulable facts at time she answered door to detain her | State: Collective information from identified 911 callers plus Cook’s admissions and observed signs of intoxication gave articulable facts supporting reasonable suspicion | Held: Reasonable suspicion existed based on totality (identified caller, vehicle tracked to garage #87, Cook’s admission and intoxication signs); detention lawful |
| Whether warrantless arrest was lawful under art. 14.03 (probable cause and "suspicious place") | Cook: No probable cause linking her to the observed driving; insufficient proof of short elapsed time to render home a "suspicious place" | State: Failure of SFSTs plus witness information supplied probable cause; short time between the incident and officers’ arrival made the residence a suspicious place under art. 14.03(a)(1) | Held: Probable cause arose after SFSTs and witness statements; the townhouse was a suspicious place given the brief interval (~15 minutes); warrantless arrest lawful under art. 14.03 |
Key Cases Cited
- Hailey v. State, 87 S.W.3d 118 (Tex. Crim. App. 2002) (preservation rules for suppression review)
- Amador v. State, 221 S.W.3d 666 (Tex. Crim. App. 2007) (bifurcated standard of review for suppression rulings)
- Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (reliability of identified citizen-informant and collective-knowledge for reasonable suspicion)
- Torres v. State, 182 S.W.3d 899 (Tex. Crim. App. 2005) (probable cause requirement for warrantless arrests under Texas law)
- Dyar v. State, 125 S.W.3d 460 (Tex. Crim. App. 2003) (time between offense and apprehension is critical to "suspicious place" under art. 14.03)
- Romo v. State, 577 S.W.2d 251 (Tex. Crim. App. 1979) (DWI is a breach of the peace)
- Gallups v. State, 151 S.W.3d 196 (Tex. Crim. App. 2004) (DWI treated as breach of the peace for art. 14.03 purposes)
- Banda v. State, 317 S.W.3d 903 (Tex. App.—Houston [14th Dist.] 2010) (short interval between arrival home and police supports "suspicious place")
- LeCourias v. State, 341 S.W.3d 483 (Tex. App.—Houston [14th Dist.] 2011) (probable cause to arrest for DWI after SFSTs and witness information)
- Dunkelberg v. State, 276 S.W.3d 503 (Tex. App.—Fort Worth 2008) (collective facts supporting detention for DWI)
- Ortiz v. State, 930 S.W.2d 849 (Tex. App.—Tyler 1996) (officer observations and citizen reports can support investigatory stop)
- Powell v. United States, 732 F.3d 361 (5th Cir. 2013) (collective-knowledge doctrine application)
- Minnesota v. Dickerson, 508 U.S. 366 (U.S. 1993) (warrantless-arrest/search exceptions and general Fourth Amendment principles)