Jaganathan, Francheska v.
2015 Tex. Crim. App. LEXIS 920
| Tex. Crim. App. | 2015Background
- Appellant passed a 'Left Lane for Passing Only' sign and remained in the left lane without passing.
- Video from Trooper Norsworthy shows the sequence of lane changes and the sign passing, with the trooper in the right lane behind appellant.
- Trooper followed appellant in the left lane for 10–12 seconds, during which no one else was being passed.
- Appellant signaled left then right and moved to the middle lane before the stop; troopers activated lights and stopped them.
- During the stop, the trooper smelled marijuana and searched the vehicle, discovering marijuana in the trunk; appellant was charged.
- Appellant challenged the stop as lacking reasonable suspicion; trial court denied the motion to suppress; appellant pled guilty under deferred adjudication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | Jaganathan argued the stop lacked reasonable suspicion. | State contends the officer reasonably suspected a violation after passing the sign. | Yes; reasonable suspicion supported the stop. |
Key Cases Cited
- Abney v. State, 394 S.W.3d 542 (Tex. Crim. App. 2013) (undefined elements of traffic-control-device compliance; reasonableness of suspicion)
- United States v. Arvizu, 534 U.S. 266 (2002) (probabilistic assessment for reasonable suspicion)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (unprovoked flight as factor in reasonable suspicion)
- Garcia v. State, 827 S.W.2d 937 (Tex. Crim. App. 1992) (stop not unlawful per se due to pretext)
- Jaganathan v. State, 438 S.W.3d 823 (Tex. App.—Houston [14th Dist.] 2014) (court of appeals error regarding reasonable suspicion for left-lane offense)