Jacob Randall Songer v. State, 04-14-00814-CR

On April 18, 2013 Deputy Escalante responded to a 911 call at the McDonald’s in the Love’s Truck Stop in Comfort, Texas alleging someone in the drive‑through hit the building and appeared intoxicated.
The 911 caller (identified only as “Mitch”) did not witness the incident; the caller relayed what someone else told them and gave no time, driver description, or vehicle description on the tape.
Dispatch relayed to the deputy that the vehicle was “white,” but the deputy’s report lists the vehicle as silver; no corroboration of color was on the 911 recording.
When the deputy arrived he observed nothing unusual, no damage to the building, and no traffic violations or criminal activity before stopping Songer’s vehicle.
Songer was charged with DWI, moved to suppress the evidence arguing the stop lacked reasonable suspicion, the trial court denied suppression, he pleaded guilty and appealed the denial of the motion to suppress.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Songer)	Held
Whether the officer had reasonable suspicion to stop Songer based on the 911 tip	The 911 report (as relayed by dispatch) alerted police to a vehicle that hit the building and appeared intoxicated, supporting an investigative stop	The 911 tip was anonymous/second‑hand and lacked critical indicia (time, vehicle/driver description, corroboration); deputy observed nothing unusual, so no reasonable suspicion existed	Trial court denied the suppression motion; appellant contends that denial was error and that the stop lacked reasonable suspicion

Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (standards for appellate review of historical facts and mixed questions of law and fact)
Wade v. State, 422 S.W.3d 661 (Tex. Crim. App. 2013) (reasonable‑suspicion standard and de novo review of ultimate legal question)
Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (articulable facts required to justify investigative detention)
Martinez v. State, 348 S.W.3d 919 (Tex. Crim. App. 2011) (reliability required for anonymous tips to supply reasonable suspicion)
Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip lacking indicia of reliability does not justify a seizure)
United States v. Mendenhall, 446 U.S. 544 (1980) (framework for assessing consensual encounters versus seizures)
Arguellez v. State, 409 S.W.3d 657 (Tex. Crim. App. 2013) (consideration of corroboration and indicia of reliability for informant tips)
Meeks v. State, 653 S.W.2d 6 (Tex. Crim. App. 1983) (factors for reasonable suspicion: unusual activity, nexus to suspect, and relation to crime)
Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (officer must have specific, articulable facts supporting detention)