In State v. Rivenburgh, 933 S.W.2d 698, 700 (Tex. App.-San Antonio 1996, no pet.) the arresting officer testified he stopped Rivenburgh for the offense of disorderly conduct after observing her make a vulgar gesture and mouth an obscenity at another person. Rivenburgh, 933 S.W.2d at 700. However, the officer subsequently arrested Rivenburgh for DWI. Id. Rivenburgh moved to suppress the evidence seized as a result of the arrest and the trial court granted her motion. Id. On appeal, the State argued the issue was whether the officer had reasonable suspicion to stop Rivenburgh to investigate. Id. The court disagreed, finding the issue to be whether the officer had probable cause to arrest Rivenburgh. Id. The court reasoned that because the officer testified he stopped Rivenburgh for the offense of disorderly conduct, at the time of the stop the offense had either occurred or it had not--nothing was left for the officer to investigate. Id.