Background

• Appellant Geraline Gregory Lincoln was stopped after deputies observed alleged traffic violations; following the stop, outstanding warrants led to his arrest and a search incident to arrest uncovered a firearm and controlled substance.
• Lincoln pled guilty to possession of a controlled substance and being a felon in possession of a weapon; sentencing was 8 years confinement in each case, concurrent, pursuant to a plea agreement.
• Lincoln moved to suppress evidence, arguing the traffic stop lacked a reasonable basis; the trial court denied the motion.
• Deputies testified to multiple observed violations: failure to maintain a single lane, rolling a stop sign, and three failures to signal turns at successive intersections and into a driveway.
• Dash-cam video did not clearly show four of the alleged violations but did show the vehicle enter the driveway without a visible turn signal; the trial court found the officers credible and concluded the stop was supported by reasonable suspicion.
• On appeal, the Fourteenth Court of Appeals reviewed the denial of the suppression motion, affirmed the trial court’s factual findings and legal conclusion, and upheld the convictions.

Issues

Key Cases Cited

• Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (routine traffic stop is an investigative detention)
• Zervos v. State, 15 S.W.3d 146 (Tex. App.—Texarkana 2000) (officer may stop if reasonable basis to suspect a traffic offense)
• Tex. Dep’t of Pub. Safety v. Fisher, 56 S.W.3d 159 (Tex. App.—Dallas 2001) (State need only show officer reasonably believed violation occurred)
• Montanez v. State, 195 S.W.3d 101 (Tex. Crim. App. 2006) (videotape evidence limits deference only if it indisputably contradicts testimony)
• Carmouche v. State, 10 S.W.3d 323 (Tex. Crim. App. 2000) (videotape can rebut officer testimony and reduce deference to factfinder)