Page 28 - TPA Journal March April 2024

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

March - April 2024

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

ARREST – On View not always required. arate occasions, petitions for discretionary review
were filed and denied twice at our Court, and the
Can a peace officer legally arrest a suspect, with- State’s petition for writ of certiorari was subse-
out a warrant, for killing another person while dri- quently denied at the United States Supreme
ving intoxicated, even though the accident did not Court. Appellee was tried and convicted on two
occur in the officer’s presence? Yes. The Texas separate charges by a jury. The conviction for
Code of Criminal Procedure 14.03(a)(1) has been felony murder was reversed by the First Court of
interpreted to allow any peace officer to arrest a Appeals and remanded for a new trial. The con-
person found in a “suspicious place” and the cir- viction for failure to stop and render aid was
cumstances of the case reasonably show that the affirmed by the First Court of Appeals and is not
person is guilty of a felony or breach of the peace. before this Court. This case has also been presided
We find that the arrest met the requirements of this over by seven successive trial judges. The original
statute, and that the officer formed probable cause judge on the case became ill prior to trial and
to believe that both a felony and breach of the another was recused in a contested motion to
peace had occurred. Accordingly, we reverse the recuse. There was no live testimony presented on
court of appeals and the trial court’s suppression the current issue before this Court; the trial judge
of Appellee’s arrest and all evidence arising from simply relied on the records and testimonies taken
it and remand the case to the trial court for further during prior pretrial proceedings and the jury trial.
proceedings. As a result, the transcripts of this proceeding had
to be supplemented. The latest ruling now before
This case has travelled a long and convoluted jour- this Court was made by Judge Brady Elliott who
ney to reach this Court for the third time. Prior to
is no longer the judge of the 268th District Court.
our Court granting review, this case has been On remand, consequently, an eighth judge will
before both Houston courts of appeals on four sep-

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