State v. Ross

MEYERS, MANSFIELD, HOLLAND, and JOHNSON, JJ., joined.

Appellee filed a motion to suppress evidence that alleged no probable cause for his arrest. At the hearing on the motion, the only witness to testify was the arresting Texas Alcoholic Beverage Commission (TABC) agent. Following the testimony, the judge granted the motion and did not file findings of fact. On appeal, the Court of Appeals found that the agent’s testimony, if believed, showed reasonable suspicion for the initial detention and probable cause for the eventual arrest.1 However, the Court of Appeals held that the trial court,…