ABOUSSIE, Justice.
The State appeals an order of the district court granting appellee's motion to suppress evidence. Tex.Code Cr.P.Ann. art. 44.01(a)(5) (Supp.1989). The underlying cause charged driving while intoxicated, second, Tex.Rev.Civ.Stat.Ann. art. 6701l-1 (Supp.1989). We will affirm the trial court's order.
On May 19, 1988, Austin Police Department Officer Fred Spencer was on routine patrol duty. At approximately 1:29 a.m., Spencer drove south...
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