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Cain v. Director of Revenue3/26/2004
ion Trooper received that a cooler had been removed from the scene, an officer may rely on information reported by citizen witnesses. Rain, 46 S.W.3d at 588. During the trial, evidence was presented to refute the information, including testimony from Cain's son that Cain was not carrying a cooler on his ATV and that Cain's ATV was not equipped to carry such an item. Although this type of testimony is largely irrelevant, it may be used to show that the officer's belief was unreasonable. Hinnah, 77 S.W.3d at 622. Director correctly states that whether probable cause exists is dependent upon the information in the officer's possession prior to the arrest. Id. at 621.
Given the totality of the circumstances, there was sufficient evidence to support the trial court's determination that reasonable grounds did not exist for Trooper to believe that Cain was driving while intoxicated. The indicia of intoxication were slim and the trial court may well have found that the Trooper's reliance on the statement from the driver of the pick-up truck that a cooler had been removed from the scene was unreasonable.
The judgment is affirmed.
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