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The following fact scenario has prompted us to ask if we have a valid arrest w/o warrant:

-trooper dispatched to one car rollover
-trooper arrives to find no driver, but a citizen witness is present who claims to have driven the driver home. Trooper also finds what he says is evidence of alcohol consumption at the wreck.
-witness takes the trooper to the driver's home, but nobody answers the door (big surprize).
-trooper and witness return to the wreck.
-witness tells the trooper that a vehicle occupied by the driver just drove by the wreck
-trooper checks the license of the car that just drove by and the owner information is a match to the registration of the wrecked car
-trooper follows and stops the car and finds our hero is a passenger in this car. His wife is driving at this time.
-the defendant admits that he was the driver of the wrecked car, that he drank before the wreck and not after the wreck. Trooper finds him to be intoxicated based on HGN and personal observations. Does no other FST's.
-Trooper arrests him for dwi.
-Defendant consents to blood draw.

Is this a valid arrest without a warrant? If so, under what exception? I think the traffic stop is arguably valid, but I'm not so sure about the arrest, which results in our obtaining blood.
 
Posts: 89 | Location: Snyder, Texas | Registered: November 26, 2003Reply With QuoteReport This Post
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Using CCP art. 14.03(a)(1)I would argue that a person cruising by his own recently wrecked automobile without stopping, puts the defendant in a suspicious place and based on your other information the circumstances indicate he was guilty of a breach of the peace (DWI).
 
Posts: 160 | Location: Texas, USA | Registered: July 11, 2001Reply With QuoteReport This Post
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Yep, thanks, JJ. And I just found the Dyar case that seems to say just that in a fact pattern pretty much like mine.
 
Posts: 89 | Location: Snyder, Texas | Registered: November 26, 2003Reply With QuoteReport This Post
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