Jazzlyn Sheree Foote v. State, 02-16-00252-CR

On April 6, 2013, Officer Christopher Janssen responded to a 911 dispatch about an incident at a gas station involving a gray Mazda and a truck; dispatch reported the Mazda driver appeared intoxicated and gave the plate number.
Janssen located the Mazda and, on foot, approached the driver (Foote) who began to pull away; he asked her to stop and roll down her window; she identified herself and said she had no license.
Janssen smelled alcohol, observed bloodshot/watery eyes and slurred speech, and asked Foote to exit the car for field-sobriety tests; she consented and failed multiple tests, leading to her arrest for DWI.
Foote filed a pretrial motion to suppress, arguing Janssen lacked reasonable suspicion to detain her at the initial contact; the suppression hearing included Janssen’s testimony but no 911 recording was introduced.
The trial court orally denied the motion, concluding the officer had at least reasonable suspicion to investigate; Foote later pleaded guilty under a plea bargain and was assessed court costs including a $100 emergency-management-services fee.
Foote appealed the suppression ruling and the constitutionality of the emergency-services cost; the trial court certified limited appellate rights (only pretrial matters raised and ruled on).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Janssen’s initial contact was an unconstitutional detention requiring reasonable suspicion	Foote: the officer detained her without reasonable suspicion	State: the initial contact was consensual and did not implicate the Fourth Amendment; even if not consensual, facts supported reasonable suspicion	Court: contact was a consensual encounter (no seizure), so no suppression error; alternative reasonable-suspicion rationale supports denial
Whether Foote may challenge the emergency-services court cost on appeal	Foote: the statute imposing the cost is facially unconstitutional	State: Foote pleaded guilty under plea bargain and lacks appellate permission to raise new issues	Court: appeal of the cost dismissed for lack of jurisdiction because Foote did not obtain trial-court permission to appeal beyond preserved pretrial rulings

Terry v. Ohio, 392 U.S. 1 (establishes reasonable-suspicion standard for investigatory stops)
Florida v. Bostick, 501 U.S. 429 (police approach and questions do not always constitute a seizure)
California v. Hodari D., 499 U.S. 621 (a person is seized only if not free to terminate the encounter)
United States v. Drayton, 536 U.S. 194 (presence of official coercion, not mere police questioning, determines seizure)
State v. Woodard, 341 S.W.3d 404 (Tex. Crim. App.) (analysis of consensual encounters vs. detentions)
Garcia-Cantu v. State, 253 S.W.3d 236 (Tex. Crim. App.) (officer conduct and totality of circumstances relevant to whether a seizure occurred)