Daniel Lee Flores v. State
10-16-00128-CR
| Tex. App. | Mar 8, 2017Background
- Officer surveilled a convenience store known for drug activity at ~9:30 p.m.; observed Flores's car stop on a dark south side, the driver walk away and return, then sit before leaving — behavior officer associated with drug deals.
- Officer followed Flores because he lacked probable cause for an immediate stop; while following, Flores swerved across lane lines in a three-lane one-way street more than once.
- Officer initiated a traffic stop based on suspected traffic offense (Tex. Transp. Code §545.060) or possible intoxication; loitering ordinance was also mentioned but not the primary basis.
- During the stop Flores produced an expired/suspended license and had outstanding warrants; he was arrested and searched, revealing the controlled substance that led to the possession charge.
- Flores did not file a pretrial motion to suppress; at trial he testified the lane changes were safe and contested the lawful basis for the stop, requesting an article 38.23 jury instruction to exclude evidence obtained in an unlawful stop.
- The trial court refused the article 38.23 instruction; Flores appealed, arguing a contested fact issue existed about whether his lane changes were unsafe such that the stop lacked reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an article 38.23 instruction was required because a contested fact existed about the lawfulness of the traffic stop | Flores: his testimony created a contested, material factual issue whether his lane changes were unsafe under §545.060, so evidence should be excluded if jury finds stop unlawful | State: officer observed multiple lane-weaving events that objectively supported reasonable suspicion of intoxication and a traffic violation; facts about weaving were undisputed | Court: denied instruction — undisputed weaving provided sufficient lawful basis (reasonable suspicion); no material contested fact controlling admissibility |
Key Cases Cited
- Madden v. State, 242 S.W.3d 504 (Tex. Crim. App. 2007) (sets three requirements for an art. 38.23 jury instruction)
- Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (defines reasonable-suspicion standard for investigative detention)
- Leming v. State, 493 S.W.3d 552 (Tex. Crim. App. 2016) (weaving across lanes can support reasonable suspicion of intoxicated driving)