Article 14.01(b) allows an officer to conduct a warrantless arrest "for any offense committed in his presence or within his view." ⁽¹⁾ In this case, the evidence is undisputed that the arrest was without a warrant and that a DWI was not committed in the presence or view of any police officer, since appellant was first spotted walking six to eight blocks from the accident. I therefore disagree with the Court's holding that Article 14.01(b) was not violated. ⁽²⁾

I respectfully dissent.

Filed: April 6, 2011

Publish

1. Tex. Code Crim. Proc. art. 14.01(b).

2. Court's op. at 16.