Legal Opinion

Fowler v. State

Court of Appeals of Texas

Decided August 14, 2008No. 2-06-183-CRPublishedCited by 82 opinions

1Opinion of the Court

OPINION

ANNE GARDNER, Justice.

The question in this DWI case is whether a police officer has probable cause or reasonable suspicion for a traffic stop when the officer observes the tires of the defendant’s vehicle cross into an adjacent same-direction lane by a tire’s width a single time when there is no other traffic in the area. We answer “no” and reverse the trial court’s judgment.

Background

On July 23, 2005, a little after midnight, Officer Patrick Knotts of the Mansfield Police Department was driving directly behind Appellant’s pick-up truck on Debbie Lane, a four-lane road divided by a…

2Cases cited35 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  3. Berkemer v. McCartySupreme Court of the United States · 1984
  4. State v. RossCourt of Criminal Appeals of Texas · 2000
  5. Carmouche v. StateCourt of Criminal Appeals of Texas · 2000

30 more not listed; retrieve them via the Exa API.

3Cited by82 opinions

  1. Leming v. StateCourt of Criminal Appeals of Texas · 2016
  2. Mahaffey v. StateCourt of Criminal Appeals of Texas · 2012
  3. State v. Lindsey Nichole Houghton, Texas Court of Appeals, 2nd District (Fort Worth)2012
  4. Norris Shannon Baines v. State, Texas Court of Appeals, 6th District (Texarkana)2010
  5. Bracken v. StateCourt of Appeals of Texas · 2009

77 more not listed; retrieve them via the Exa API.

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