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Cunningham v. State12/8/2004
Rosalio Hernandez, a private security officer, testified that on May 19, 2001, at approximately 4:00 a.m., he was driving home from work when Cunningham's vehicle darted out of a shopping center and nearly struck his vehicle. Hernandez testified he had to swerve and drive onto the median to avoid a collision. Hernandez noticed Cunningham's vehicle was weaving as Cunningham drove away. Hernandez called his dispatcher to inform her he had been run off the road and gave her Cunningham's vehicle information. Cunningham drove through a green light, pulled into a fast food restaurant parking lot, and stopped his vehicle at the drive-through. Hernandez testified that he followed Cunningham into the parking lot and approached Cunningham's vehicle to determine if he was all right. When Cunningham rolled down his window, Hernandez noticed he had blood-shot eyes, slurred speech, and smelled of alcohol. Cunningham admitted he had consumed several beers that evening. Hernandez asked Cunningham to step down from his vehicle and noted that Cunningham was unsteady on his feet and braced himself against his vehicle for support. Hernandez held Cunningham in the parking lot until the police arrived approximately forty-five minutes later. The police conducted various field sobriety tests and concluded Cunningham was intoxicated.
Cunningham's version of the events is somewhat different. Cunningham testified he had been at a friend's home until 2:00 a.m. where he had consumed several beers over the course of the evening. Cunningham stated he could not remember the exact number of beers he consumed, but he was not intoxicated. He testified he remembered seeing Hernandez driving beside him, but did not remember running Hernandez off the road. Cunningham denied that such an incident occurred, and testified that he did not drive erratically or commit any conduct that would justify a citizen's arrest for DWI. He testified that Hernandez and the security guard on duty at the restaurant asked for his keys, license, and proof of insurance. Cunningham stated that he was informed he was being held for the police on suspicion of DWI.
Legality of the Detention and Arrest
In his first and third issues, Cunningham challenges the judgment of the trial court on the grounds that all evidence obtained against him stemmed from an illegal detention and arrest. Cunningham filed pretrial motions to suppress all physical evidence taken after the arrest along with his oral and written statements. The trial court denied Cunningham's motions, finding that Cunningham's actions amounted to a breach of the peace, thus justifying the citizen's arrest. We review a trial court's ruling on a motion to suppress for an abuse of discretion. Balentine v. State, 71 S.W.3d 763, 768 (Tex. Crim. App. 2002). We give almost total deference to the trial court's determination of historical facts, especially when the fact findings are based on an evaluation of the witness' credibility and demeanor. Guzman v. State, 955 S.W.2d 85, 89 (Tex. Crim. App. 1997). We review the court's application of the law de novo. Id.
In his first issue, Cunningham contends that Hernandez impermissibly stopped and detained him. Cunningham argues the stop was illegal because Texas law does not allow private citizens to conduct investigatory stops. See Garner v. State, 779 S.W.2d 498, 501 (Tex. App.-Fort Worth 1989, pet. ref'd) (holding that a private citizen may not conduct a Terry stop and must have probable cause to believe an offense is being committed in order to justify an arrest or detention). We do not agree that Cunningham was impermissibly stopped. Hernandez did not pull Cunningham over to conduct an investigation; Cunningham stopped his own vehicle in a public pa
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