Does the Fourth Amendment permit a police officer to make a warrantless arrest for a felony not committed in his presence where probable cause only exists to arrest for a misdemeanor?

QUESTION PRESENTED A police officer may arrest without a warrant for a misdemeanor or felony committed in his presence and for a felony not committed in his presence if there was probable cause for the arrest. United States v. Watson, 423 U.S. 411, 423-24 (1976). This case asks whether an officer may arrest for a felony not committed in his presence if the probable cause was only for a misdemeanor. This case involves a fatal car accident allegedly caused by petitioner’s driving while intoxicated. A jury convicted him of felony-murder and failure to stop and render aid and assessed prison sentences in 2014. A Texas appellate court reversed the felony-murder conviction because the warrantless seizure of his blood was unconstitutional. This Court denied the State’s request to review that decision. On remand, the trial court granted petitioner’s motion to suppress other evidence seized as a result of his warrantless arrest. The Texas Court of Criminal Appeals (TCCA) reversed and held that exigent circumstances authorized the arrest. It dodged the question on which it initially granted review: whether exigent circumstances must exist before the police may make a warrantless felony arrest of a person found in a suspicious place. The question presented is: Does the Fourth Amendment permit a police officer to make a warrantless arrest for a felony not committed in his presence where probable cause only exists to arrest for a misdemeanor? u RELATED CASES ¢ State of Texas v. McGuire, Nos. 10-DCR-055898 & 11DCR-057073, 268th District Court of Texas. Judgments and Convictions entered March 19, 2014. ¢ McGuire v. State of Texas, 493 8.W.3d 177, Nos. 01-1400240-CR, 01-14-00241-CR & 01-14-01023-CR, Court of Appeals for the First District of Texas. Opinion entered May 10, 2016. ¢ McGuire v. State of Texas, Nos. PD-0626-16 & PD0948-16, Texas Court of Criminal Appeals. Orders refusing discretionary review entered October 12, 2016, and November 2, 2016. ¢ State of Texas v. McGuire, No. 581 U.S. 1006, No. 16-919, United States Supreme Court. Order denying petition for a writ of certiorari entered May 30, 2017. ¢ State of Tevas v. McGuire, No. 10-DCR-055898, 268th District Court of Texas. Order suppressing evidence entered February 23, 2018. ¢ McGuire v. State of Texas, 586 S.W.3d 451, No. 01-1800146-CR, Court of Appeals for the First District of Texas. Opinion entered August 29, 2019. ¢ McGuire v. State of Texas, 689 S.W.3d 596, No. PD0984-19, Texas Court of Criminal Appeals. Opinion entered February 21, 2024. ¢ McGuire v. State of Texas, No. PD-0984-19, Texas Court of Criminal Appeals. Order denying rehearing entered June 19, 2024