Leming v. State
2016 Tex. Crim. App. LEXIS 73
| Tex. Crim. App. | 2016Background
- Defendant (Leming) was stopped after a citizen (“Arliss”) reported a white Jeep "swerving from side to side." Officer Gilow followed and recorded the Jeep for several minutes before stopping it in a parking lot.
- Dash-cam showed repeated drifting within the lane, tires touching/diving onto the lane markings, near-curb contacts, and progressively slower speeds.
- Officer smelled alcohol/old liquor, learned Leming admitted taking clonazepam and hydrocodone, and later arrested him for DWI.
- Trial court denied Leming’s motion to suppress; he pled guilty and appealed only the suppression ruling.
- The court of appeals reversed, holding (1) no reasonable suspicion for a failure-to-maintain-single-lane violation under Tex. Transp. Code §545.060(a) because encroachments were not shown to be unsafe, and (2) the stop was not justified by community-caretaking.
- The Texas Court of Criminal Appeals granted review, reversed the court of appeals, and reinstated the trial court judgment, holding the stop was supported both as a reasonable-suspicion stop for a lane-maintenance violation and independently for suspected DWI.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Leming) | Held |
|---|---|---|---|
| Whether §545.060(a) requires unsafe movement (i.e., both failing to stay in lane and that movement be unsafe) | §545.060(a) can be violated by either failing to drive as nearly as practical within a lane or moving from a lane when not safe; the statute’s parts are alternative bases for enforcement | The statute’s conjunctive wording requires both failure to remain in lane and that the lane-change be unsafe before an offense occurs | The Court read the statute to permit either theory: failing to remain within a lane (as nearly as practical) or moving when unsafe are independently actionable under §545.060(a) (State prevails) |
| Whether Officer had reasonable suspicion to stop for a lane-maintenance violation based on observed drifting/tire-on-stripe and citizen report | Tip from identified citizen plus corroborating officer observations of sustained swerving supported reasonable suspicion to investigate a lane violation | The observed drifting within a lane (and the tip) were insufficient; mere within-lane weaving does not by itself justify an investigative stop | Court held combined tip + officer observation of sustained and significant weaving/tire-on-stripe furnished reasonable suspicion to detain to investigate lane violation |
| Whether Officer had reasonable suspicion to stop for DWI | Sustained weaving over distance, near-curb contacts, progressive slowing, and corroboration of citizen report gave objective basis to suspect intoxication | Single fact of within-lane weaving is too ambiguous and consistent with innocent explanations; insufficient to justify stop for DWI | Court held the totality of circumstances (tip + corroborated, sustained erratic driving, near-curb contacts, abnormal slowing) gave reasonable suspicion to investigate DWI (alternative basis for stop) |
| Whether community-caretaking justified the stop | State pressed community-caretaking at trial (welfare check for possible medical impairment) | Court of appeals rejected community-caretaking; SPA later did not press it on review | CCA did not rely on community-caretaking in its affirmance; it upheld the stop on statutory and DWI reasonable-suspicion grounds (community-caretaking not necessary to decision) |
Key Cases Cited
- Navarette v. California, 134 S. Ct. 1683 (2014) (Supreme Court recognized that observed dangerous driving such as sustained weaving or crossing center line can justify a stop for suspected drunk driving and that reasonable suspicion need not rule out innocent explanations)
- Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (framework for assessing corroborated citizen tips and reasonable suspicion; dispatcher and caller information may be considered)
- Huffman v. State, 267 S.W.3d 902 (Tex. Crim. App. 2008) (construing multi-part statutory duties as alternative manners/means for an offense in analogous Transportation Code context)
- Hernandez v. State, 983 S.W.2d 867 (Tex. App.—Austin 1998) (court of appeals’ earlier holding that both failure-to-remain and unsafe movement elements were required; discussed and rejected in majority opinion)