Officer get called to Whataburger at 2:40 am (1st DWI clue) about a drunk who hits a bollard (clue 2). Officer responds and takes video statement from manager and drive through employee. They say drunk had no money for food and was dressed in boxers, wife beater and house coat (3rd Clue). They get LP. Officer runs plate and responds to address of registered owner. Observes vehicle matching description in open garage. Approaches and man matches description. Makes contact. Man has 6 empties on tables by him. Gives fake name according to female in garage with him who also says she was with him when he was driving at Whataburger. Clearly intoxicated to officer. Officer arrests for DWI and Fail to ID. Dispatch advises multiple DWI with prior pen trips. Take to PD to do SFST and get blood search warrant. Warrant at 4:25, blood draw 4:50. .17 BAC. Defense filed motion to suppress arrest and subsequent search.

Is intrusion into garage a search and seizure violation?

Under 14.03(a)(1) can arrest if suspicious place and reasonably show crime that is breach of peace. No question DWI is breach of peace. No problem with PC with statements from Whataburger. Would garage be suspicious place?

No problem with exigent circumstances either due to prevent destruction of evidence. Randolph v. State, 152 SW3d 764. and Winter 902 SW2d at 575.

I have reviewed State v. Wren 2009 WL 1942183 (Tex.App.-Dallas), Randolph (which is somewhat on point but DWI came with assault arrest) and Mayfield, 2008 WL 1886779 (Tex.App.-Tyler)(which is my jurisdiction).

I still have to deal with the fact that he may have consumed those 6 beers after he returned from Whataburger but before police arrived. I need to talk to the lady in garage with him for that.

Any help will be appreciated

Take a look at Gallups, 151 sw3d 196 (CCA 04) and Dyar, 125 sw3d 460 (CCA 03).

Surived the motion to suppress. Judge had no problem with PC and suspicious place. Problem is with 14.05 exigent circumstances. Now need a 38.23 jury charge instruction. Can define PC. Left to jury to decide suspicious place. Is there a definition of exigent circumstances. I have a list but it appears to be potentionally greater than a US Sup Ct case. Closing arugment in the morning.