Gonzales v. State
2012 Tex. Crim. App. LEXIS 857
| Tex. Crim. App. | 2012Background
- Officer Becker, Abilene PD, observed Gonzales pull onto the shoulder around 1:00 a.m. on Aug. 27, 2007, in a largely isolated area on the way out of town.
- Area had few nearby businesses, no houses, and light nighttime traffic.
- Becker activated emergency lights to notify Gonzales that police were present and may have pulled in to offer assistance.
- Gonzales began to move away, then stopped; Becker testified his purpose was to check for a flat tire or other help needed.
- Upon contact, Becker detected a strong odor of alcohol, bloodshot eyes, and slurred speech, leading to a driving-while-intoxicated investigation.
- Gonzales was arrested for DWI after suppression motion was denied; he pleaded guilty and received five years of community supervision; the court of appeals held the seizure was a permissible community-caretaking action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the seizure occurred under the Fourth Amendment. | Gonzales: seizure occurred when lights were activated. | State: seizure permissible as a community-caretaking stop. | Yes, but valid under community caretaking. |
| Whether the seizure was reasonable under the Wright community-caretaking factors. | Gonzales: Becker lacked sufficient distress indicators to justify seizure. | State: factors support reasonable belief driver needed help. | Yes, reasonable under totality of circumstances. |
Key Cases Cited
- Cady v. Dombrowski, 413 U.S. 433 (1973) (established the community-caretaking exception to the warrant requirement)
- Wright v. State, 7 S.W.3d 148 (Tex. Crim. App. 1999) (two-step inquiry; caretaking cannot be primary motive)
- Corbin v. State, 85 S.W.3d 272 (Tex. Crim. App. 2002) (weights for Wright factors; credibility-based analysis)
- Garcia-Cantu v. State, 253 S.W.3d 236 (Tex. Crim. App. 2008) (state of distress and location considerations)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (reemphasizes reasonableness in community caretaking)
- Woodard v. State, 341 S.W.3d 404 (Tex. Crim. App. 2011) (reasonableness and application of Wright factors)