Fox v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted appellant of driving while intoxicated. The court of appeals affirmed that conviction. Fox v. State, 900 S.W.2d 345 (Tex.App. — Fort Worth 1995). We granted appellant’s petition for discretionary review ostensibly to address the issue of whether, under the Fourth Amendment to the United States Constitution, there exists a so-called “community caretaking function” exception to the requirement that a temporary detention be justified by reasonable suspicion. At the time we granted appellant’s petition we had already granted…