State v. Nailor

OPINION

STONE, Justice.

The State appeals from the granting of a motion to suppress physical evidence. In an interlocutory appeal pursuant to article 44.01(a)(5) of the Texas Code of Criminal Procedure, the State contends that the trial court applied an incorrect legal standard. For the following reasons, we reverse and remand.

Facts

Mark Nailor was arrested in the Holiday Inn Riverwalk parking lot located on St. Mary’s Street in downtown San Antonio for driving while intoxicated. Claiming that his arrest was illegal because it was made without a warrant and without probable cause, Nailor filed a…