Legal Opinion

Chad Avery Fowler v. State

Texas Court of Appeals, 2nd District (Fort Worth)

Decided August 14, 2008No. 02-06-00183-CRPublished

1Opinion of the Court

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-183-CR

CHAD AVERY FOWLER APPELLANT

V

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 1 OF TARRANT COUNTY

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OPINION

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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 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 Ano@ and reverse the trial court=s judgment.

Background

On July 23, 2005, 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

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