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

(comment: 1)

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 “no” and reverse the trial court’s judgment.

Background

On July…

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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