Martinez, Roger Anthony

Appellee, Roger Anthony Martinez, filed a motion to suppress challenging the legality of his arrest for public intoxication. The motion was granted by the trial court, and the court of appeals affirmed. Because there was probable cause to arrest Appellee for public intoxication, we reverse the judgment of the court of appeals and remand the case to that court for further proceedings.

I - The Motion to Suppress

After Appellee was arrested for public intoxication without a warrant, he filed a motion to suppress. As we stated over thirty years ago in Russell v. State :

When a defendant seeks to…