TX11: Odor of alcohol alone is not probable cause

Odor of alcohol alone is not probable cause. “Trooper Johnson simply was not asked about any physical observations that he made of Appellant’s eyes, speech, or movement; nor was he asked what effect, if any, these observations may have had on his decision to arrest Appellant. Trooper Johnson’s affirmative response to the question from Appellant’s trial counsel about the odor of alcohol indicates that it was a factor he relied upon in making the decision to arrest Appellant.6 However, the record is silent as to what other factors Trooper Johnson may have relied upon in making the decision to arrest.” Clement v. State, 2015 Tex. App. LEXIS 2650 (Tex. App. – Eastland March 20, 2015), reh den. 2015 Tex. App. LEXIS 4801 (Tex. App. – Eastland May 7, 2015).

Defense counsel was not ineffective for not filing a motion to suppress a key removed from him since they police had a search warrant to enter, key or not. Burnett v. United States, 2015 U.S. Dist. LEXIS 34623 (S.D.N.Y. February 13, 2015).*