Abney, Rickey Dewayne
2013 Tex. Crim. App. LEXIS 590
| Tex. Crim. App. | 2013Background
- Kaufman County Deputy Kilgore pulled over Appellant for driving in the left lane without passing after following him about one mile.
- The stop occurred as Appellant turned left onto a crossover to make a U-turn; Appellant was arrested for possession of marijuana.
- Kilgore testified the left-lane-for-passing sign was 15–20 miles away and provided reasonable suspicion for the stop.
- Defense presented evidence that the sign was 27 miles away and argued Appellant did not see the sign.
- The trial court denied the motion to suppress and made findings of fact supporting reasonable suspicion; the court of appeals affirmed; this Court granted discretionary review to address the reasonable-suspicion issue.
- The issue is whether the officer had reasonable suspicion to stop for the left-lane (without passing) traffic offense given the sign’s placement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to stop for the left-lane violation | Abney argues no arrestable offense given no timely, proper sign at the location | State contends sign distance is irrelevant to reasonable suspicion and supports a valid stop | No reasonable suspicion; court reverses and suppressions should have been granted |
Key Cases Cited
- Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001) (standard for reasonable suspicion and traffic signaling)
- Mouton v. State, 101 S.W.3d 680 (Tex. Crim. App. 2003) (sign placement proximity to stop as a factor in reasonable suspicion)
- Baker v. State, 50 S.W.3d 143 (Tex. Crim. App. 2001) (distinguishes sign location relevance in reasonable suspicion)
- Green v. State, 93 S.W.3d 541 (Tex. Crim. App. 2002) (signs and distance in reasonable suspicion assessment)
- Amador v. State, 275 S.W.3d 872 (Tex. Crim. App. 2009) (burden-shifting framework for suppression motions; reasonable-suspicion standard)
- Robinson v. State, 377 S.W.3d 712 (Tex. Crim. App. 2012) (limits on officer's mistaken beliefs affecting probable cause)
- Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001) (see above (listed for emphasis on standards))