Court of Criminal Appeals of Texas

Lawrence Preston Miles, Appellant v. the State of Texas

October 17, 20072007 Tex. Crim. App. LEXIS 1456

Summary

The Court affirmed the appellate court's denial of the appellant's motion to suppress, holding that the tow‑truck driver had lawful authority to make a citizen's arrest for DWI and that his violation of traffic laws during the arrest does not trigger Article 38.23 because the violated law must be intended to regulate the acquisition of evidence. The decision also reaffirmed the plain‑meaning and historical analysis of Article 38.23. Justice Price, in a concurring opinion, agreed with the judgment but criticized the majority's newly articulated rule.