Legal Opinion
State v. Kurtz
Court of Criminal Appeals of Texas
Decided October 20, 2004No. 1397-03PublishedCited by 116 opinions
1Opinion of the CourtWomack, J.
in which MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.
The question in this appeal is whether an officer of the police department of a city has authority to stop a person for committing a traffic offense when the officer is in another city within the same county. We hold that the officer does not have such authority.
Facts
On August 12, 2001, Steven Boyd, a police officer of the City of Plano, noticed a vehicle that was going west on a multi-lane, divided highway (State Highway 121). He saw the vehicle cross from the right lane onto the improved shoulder of the highway,…
2Cases cited5 opinions
- Horizon/CMS Healthcare Corporation v. AuldTexas Supreme Court · 2000
- Angel v. StateCourt of Criminal Appeals of Texas · 1987
- Yeager v. StateCourt of Criminal Appeals of Texas · 2003
- State v. Kurtz, Texas Court of Appeals, 5th District (Dallas)2003
- Newburn v. DurhamTexas Supreme Court · 1895
3Cited by116 opinions
- Brother v. StateCourt of Criminal Appeals of Texas · 2005
- York v. StateCourt of Criminal Appeals of Texas · 2011
- Azeez v. StateCourt of Criminal Appeals of Texas · 2008
- Mitchell v. State, Texas Court of Appeals, 10th District (Waco)2006
- Bartlett v. State, Texas Court of Appeals, 3rd District (Austin)2008
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