State v. Marquez

OPINION

KENNETH R. CARR, Justice.

This is a State’s appeal from an order granting Appellee Marquez’s motion to suppress the evidence. We affirm in part and reverse and remand in part.

I. SUMMARY OF THE EVIDENCE

On December 22, 2004, an indictment was handed down charging Marquez with the offense of assault on a public servant. He filed a pretrial motion to suppress the evidence, alleging that the arrest was unlawful. 1 Two hearings were held on the motion, one on August 19, 2005, and one on February 24, 2006.

At the initial hearing on Marquez’s motion to suppress the evidence, El Paso Police…