State v. Bernard, PD–1335–16
| Decision Date | 01 March 2017 |
| Docket Number | NO. PD–1335–16,PD–1335–16 |
| Citation | 512 S.W.3d 351 |
| Parties | The STATE of Texas v. Albert Tyrone BERNARD, Appellee |
| Court | Texas Court of Criminal Appeals |
Stacey M. Soule, for the State.
Daniel Krieger, for appellee.
On August 20, 2014, at approximately 2:30 a.m., Deputy Tracy Watson observed a vehicle, driven by appellee, about a quarter mile ahead of her "swerving from lane to lane and even going into the center lane." Watson activated her emergency lights and pulled the vehicle over. Appellee was ultimately arrested without a warrant and charged with misdemeanor driving while intoxicated. The officers obtained and executed a search warrant for a blood draw.
In a pre-trial motion to suppress, appellee argued that his stop and subsequent arrest without a warrant and without probable cause violated his constitutional rights. The trial court held a hearing and granted the motion. The court entered extensive written findings of fact and conclusions of law. Among its conclusions of law, the trial court concluded that: (1) Watson stopped appellee without reasonable suspicion of driving while intoxicated; and (2) appellee was not driving in an unsafe manner and there was no reasonable suspicion of a traffic offense under Texas Transportation Code section 545.060(a) at the time he was stopped. TEX. TRANSP. CODE § 545.060(a) ().
The State appealed. In its first point of error, the State presented two arguments in support of the traffic stop: (1) there was reasonable suspicion that appellee violated Transportation Code Section 545.060(a) ; and (2) there was reasonable suspicion that appellee was driving while intoxicated. The court of appeals addressed only the first of these arguments and held that the traffic stop was not supported by reasonable suspicion and that appellee had violated Section 545.060(a) of the Transportation Code. State v. Bernard , 503 S.W.3d 685, 690–91 (Tex. App.–Houston [14th Dist.] 2016). The court further held that because the stop was illegal, evidence obtained in the illegal detention could not provide the probable cause for the search warrant for the blood draw. Id. at 691–92.
The State has now filed a petition for discretionary review claiming in part that the court of appeals erred in failing to address the State's alternative argument that the stop was justified by reasonable suspicion that appellee was driving while intoxicated. We agree. If the...
To continue reading
Request your trial
-
Munoz v. State
...v. Bernard , 503 S.W.3d 685, 690–91 (Tex. App.—Houston [14th Dist.] 2016), pet. granted, judgment vacated on other grounds , 512 S.W.3d 351 (Tex. Crim. App. 2017). Each of these courts have held that a violation of section 545.060 requires both a showing that the individual failed to mainta......
-
Munoz v. State
... ... 13-18-00244-CR, 2019 WL ... 3484428, at *3 (Tex. App.-Corpus Christi-Edinburg Aug. 1, ... 2018, pet. granted); State v. Bernard, 503 S.W.3d ... 685, 690-91 (Tex. App.-Houston [14th Dist] 2016), pet ... granted, judgment vacated on other grounds, 512 S.W.3d ... ...
-
Daniel v. State
...State v. Bernard , 503 S.W.3d 685, 691 (Tex. App.—Houston [14th Dist.] 2016), judgment vacated on other grounds , 512 S.W.3d 351 (Tex. Crim. App. 2017) ; Marrero v. State , No. 03-14-00033-CR, 2016 WL 240908, at *3 (Tex. App.—Austin Jan. 14, 2016, no pet.) (mem. op., not designated for publ......
-
Daniel v. State
... Bernard Daniel, Appellant v. The State of Texas, Appellee No. 03-20-00519-CR Court of Appeals of Texas, Third District, Austin December 23, 2021 ... ...