Legal Opinion

Lerma v. State

Court of Criminal Appeals of Texas

Decided January 24, 2018No. PD-1229-16PublishedCited by 197 opinions

1Opinion of the Court

Newell, J., delivered the unanimous opinion of the Court.

Appellant, Ernesto Lerma, was charged with possession of four grams or more, but less than 200 grams, of cocaine. After the trial court denied Appellant's motion to suppress the cocaine, he pleaded guilty. The court of appeals reversed, holding that the officer's frisk of Appellant, made during an unjustifiably prolonged traffic stop, was not supported by reasonable suspicion. We disagree. We hold that the initial frisk was supported by reasonable suspicion and the original stop was not unduly prolonged. We will reverse the court of…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Michigan v. LongSupreme Court of the United States · 1983
  4. State v. RossCourt of Criminal Appeals of Texas · 2000
  5. Carmouche v. StateCourt of Criminal Appeals of Texas · 2000

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

3Cited by197 opinions

  1. State v. MartinezCourt of Criminal Appeals of Texas · 2019
  2. Villarreal v. StateCourt of Appeals of Texas · 2018
  3. Donna Lynn Martin v. State, Texas Court of Appeals, 14th District (Houston)2018
  4. Casey Allen Martin v. State, Texas Court of Appeals, 2nd District (Fort Worth)2019
  5. Michael Joseph Tilghman v. State, Texas Court of Appeals, 3rd District (Austin)2019

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

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