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Schedule a Consultation Today Connect with us; Call (817) 601-5345 ; 2501 Parkview Dr Ste. 500, Fort Worth, TX 76102
Schedule a Consultation Today Connect with us; Call (817) 601-5345 ; 2501 Parkview Dr Ste. 500, Fort Worth, TX 76102
- I. Background
- II. The Hearing on The Motion to Suppress
- III. The State's Points
- IV. Standard of Review
- Section 547.3215 Would Apply But Was Not Preserved
- VI. Conclusion
By information, the State charged Appellee with driving while intoxicated. Appellee filed a motion to suppress in which he argued, among other arguments, that the stop of his car was illegal because it was made without a warrant and without reasonable suspicion in violation of the Fourth and Fourteenth Amendments of the United States Constitution a...
The State called Officer Brandon Gilbert of the Arlington Police Department. He was on duty around 2:11 a.m. on May 23, 2013, when he saw Appellee traveling southbound on Cooper Street. Officer Gilbert said that from a distance, he saw Appellee's white Toyota pickup stopped at an intersection. Appellee tapped his brakes, and the back passenger brak...
In its first point, the State argues that the trial court mistakenly interpreted section 547.323 of the transportation code. Id. In its second point, the State argues that the trial court, by granting Appellee's motion to suppress, ran afoul of Terry v. Ohioand its progeny. 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). In its third point, the S...
We review a trial court's ruling on a motion to suppress evidence under a bifurcated standard of review. Amador v. State , 221 S.W.3d 666, 673 (Tex. Crim. App. 2007) ; Guzman v. State , 955 S.W.2d 85, 89 (Tex. Crim. App. 1997). In reviewing the trial court's decision, we do not engage in our own factual review. Romero v. State , 800 S.W.2d 539, 543...
The State next argues that Officer Gilbert had reasonable suspicion because, although never mentioned at the suppression hearing, all three brake lights are required under the federal equipment standards that the Texas Legislature adopted in another statute—section 547.3215 of the transportation code (repeatedly mentioned in the previously-discusse...
Accordingly, we sustain the State's three points, reverse the trial court's order granting Appellee's motion to suppress, and remand the cause to the trial court for further proceedings consistent with this opinion.
Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P. has assembled a team of talented attorneys to guide you through litigation. Skip to content 817-332-3245
Polsinelli’s Fort Worth office is among the strongest talent in one of the nation’s fastest-growing cities. With its historical western heritage and vast cultural scene, Polsinelli is proud to bring full-service legal expertise to Fort Worth. Our attorneys collaborate across state lines, providing clients with a deep experience of our ...
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