State v. Bernard
| Decision Date | 23 January 2018 |
| Docket Number | NO. 14–15–00822–CR,14–15–00822–CR |
| Citation | 545 S.W.3d 700 |
| Parties | The STATE of Texas, Appellant v. Albert Tyrone BERNARD, Appellee |
| Court | Texas Court of Appeals |
Jessica Ebbs, Galveston, TX, for Appellant.
Daniel Krieger, League City, TX, for Appellee.
Panel consists of Justices Jamison, Donovan, and Brown.
This State's appeal arises from the trial court's suppression of evidence obtained during a warrantless stop and blood alcohol test results in the prosecution of appellee Albert Tyrone Bernard for misdemeanor driving while intoxicated. It comes to us on remand from the Texas Court of Criminal Appeals. See State v. Bernard , 512 S.W.3d 351 (Tex. Crim. App. 2017).
We originally held that the trial court did not abuse its discretion in suppressing the warrantless stop and results of a blood draw because the State presented no evidence that Bernard's failure to stay in a single marked lane was unsafe and the traffic stop was unlawful. State v. Bernard , 503 S.W.3d 685, 691–92 (Tex. App.—Houston [14th Dist.] 2016), pet. granted, judgment vacated , 512 S.W.3d 351 (Tex. Crim. App. 2017). On remand, we address only whether "the traffic stop was supported by reasonable suspicion that Bernard was driving while intoxicated." See Bernard , 512 S.W.3d at 352. We conclude that it was not and affirm the ruling of the trial court granting Bernard's motion to suppress.
We include a brief recitation of the facts relevant to this remand. Deputy Tracy Watson was traveling in Galveston County when she observed a vehicle, driven by Bernard, approximately a quarter mile in front of her. She testified that the vehicle was "swerving from lane to lane and even going into the center lane." Watson activated her emergency lights and pulled the vehicle over "to check the welfare of the driver."
Watson testified that Bernard was driving his vehicle at the correct speed, all equipment was functioning properly on the vehicle, the registration and insurance were valid, and Bernard stopped his vehicle normally when he was pulled over. Watson further testified that Bernard's driving did not interfere with any other vehicles and there was nothing unsafe about his driving.
Video surveillance in Watson's vehicle recorded Bernard's driving for two minutes prior to Watson's activating her emergency lights. After viewing the video at the hearing, Watson conceded that the vehicle's tires went outside the lane only twice and "not far." She also testified that "there could have been more violations prior to the activation of my lights" but did not state that there had been. The video shows Watson approaching the vehicle, and Watson testified both that she followed Bernard for one to one-and-one-half minutes and that the video surveillance recorded two minutes before Watson initiated her emergency vehicle lights. Thus, the entire encounter is captured on video.
Deputy Jacob Manuel arrived at the scene to assist Watson with the stop. He observed the video at trial and noted that Bernard swerved twice. The first time, Bernard crossed left over the line approximately six to eight inches, and the second time, he crossed right over the line approximately four inches. Manuel later testified on redirect that he observed Bernard on the video cross the line three to four times. But the video reflects that Bernard crossed the line only two times. Manuel did not observe any interference with other vehicles or any unsafe driving.
The trial court made several findings of fact and conclusions of law relevant to our discussion.
Findings :
Conclusions :
• Watson stopped Bernard without reasonable suspicion of driving while intoxicated. Bernard was not driving in an unsafe manner to any other vehicles on the road, and no reasonable suspicion of a traffic offense under Texas Transportation Code 545.060 existed at the time he was stopped. Bernard's driving was not unsafe to himself or others as evidenced by the testimony of both Watson and Manuel.
The State argues that the trial court abused its discretion in granting Bernard's motion to suppress because the totality of circumstances establish that there was an objective basis for Watson to have reasonable suspicion that Bernard was driving while intoxicated.
When reviewing a trial court's ruling on a motion to suppress, we give almost total deference to the court's determination of the historical facts that the record supports, especially when those fact findings are based on an evaluation of the witnesses' credibility and demeanor.1 Leming v. State , 493 S.W.3d 552, 562 (Tex. Crim. App. 2016) ; Guzman v. State , 955 S.W.2d 85, 89 (Tex. Crim. App. 1997). We accord the same level of deference to the trial court's rulings on mixed questions of law and fact if those decisions turn on the credibility and demeanor of the witnesses. Guzman , 955 S.W.2d at 89. We review de novo mixed questions of law and fact that do not turn on witness credibility. Id. Despite its fact-sensitive analysis, the "reasonableness" of a specific search or seizure under the Fourth Amendment is subject to de novo review. Kothe v. State , 152 S.W.3d 54, 62 (Tex. Crim. App. 2004).
When the trial judge makes express findings of fact, as here, we first determine whether the evidence, when viewed in the light most favorable to the trial court's ruling, supports those findings. Valtierra v. State , 310 S.W.3d 442, 447 (Tex. Crim. App. 2010). We uphold the trial court's ruling if it is supported by the record and correct under any theory of law applicable to the case. State v. Iduarte , 268 S.W.3d 544, 548 (Tex. Crim. App. 2008). Thus, if supported by the record, a trial court's ruling on a motion to suppress will not be overturned. Mount v. State , 217 S.W.3d 716, 724 (Tex. App.–Houston [14th Dist.] 2007, no pet.).
A warrantless automobile stop is a Fourth Amendment seizure analogous to a temporary detention, and it must be justified by reasonable suspicion. Berkemer v. McCarty , 468 U.S. 420, 439, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984) ; see also Derichsweiler v. State , 348 S.W.3d 906, 914 (Tex. Crim. App. 2011). The reasonableness of a temporary detention is determined from the totality of the circumstances. Zuniga–Hernandez v. State , 473 S.W.3d 845, 848 (Tex. App.–Houston [14th Dist.] 2015, no pet.). Reasonable suspicion is present if the officer has "specific, articulable facts that, combined with rational inferences from those facts, would lead [the officer] reasonably to conclude that the person ... is, has been, or soon will be engaged in criminal activity." Derichsweiler , 348 S.W.3d at 914 ; Zuniga–Hernandez , 473 S.W.3d at 848. An officer's stated purpose for a stop can neither validate an illegal stop nor invalidate a legal stop because the stop's legality rests on the totality of the circumstances viewed objectively. Zuniga–Hernandez , 473 S.W.3d at 848.
The State argues that the totality of the circumstances establish that Watson had reasonable suspicion supporting the stop based on (1) Watson's observation that Bernard swerved out of his lane "multiple times"; (2) the video surveillance; (3) the time of the stop shortly after bars, clubs, and restaurants had closed and the location of the stop; and (4) Watson's training and experience. The State also contends the trial court erroneously based its reasonable suspicion conclusion on Watson's testimony that there could have been an innocent explanation for Bernard's driving and Watson's testimony that she stopped Bernard to do a welfare check and not on suspicion of DWI.
Watson's observations and video surveillance . The State argues that Bernard's "weaving" across traffic lanes is sufficient evidence to support a finding of reasonable suspicion of intoxication even if such weaving did not support a finding of a traffic violation. As discussed, the video surveillance revealed that the vehicle crossed the line by a few inches only twice. The State seems to imply that Watson could have observed additional weaving that is not captured on video. But the video shows Watson approaching the vehicle, and Watson testified both that she followed Bernard for one to one-and-one-half minutes and that the video surveillance recorded two minutes before Watson initiated her emergency vehicle lights. Thus, the entire encounter is captured on video. Watson did not testify that she suspected Bernard was intoxicated before she pulled him over, but as noted above, Watson's stated purpose for a stop can neither validate an illegal stop nor invalidate a legal stop. See id. She testified that she pulled Bernard over to do a welfare check.
The State cites three cases from this court...
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State v. Prince
...trial court's order granting motion to suppress where defendant "was not driving aggressively near a bar district"); State v. Bernard, 545 S.W.3d 700, 706, 707 (Tex. App.—Houston [14th Dist.] 2018, no pet.) (explaining that, unlike in Foster, "there is no evidence of aggressive driving or t......
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State v. Calzada-Rodriguez
...in the area were involved in drinking alcohol, whereas this could be a reasonable inference near a bar district at 1:30 a.m. See State v. Bernard, 545 S.W.3d 700, 706 (Tex. App.—Houston [14th Dist.] 2018, no pet.) (holding that officer lacked reasonable suspicion to initiate traffic stop an......
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Perez v. State
...on State v. Bernard to argue that Newsome did not have probable cause to believe that appellant had committed the offense of DWI. 545 S.W.3d 700, 702 (Tex. App.—Houston [14th Dist.] 2018, no pet.). In Bernard, the State appealed after the trial court granted the defendant's motion to suppre......