Martinez v. State
2011 Tex. Crim. App. LEXIS 912
| Tex. Crim. App. | 2011Background
- Officer Hurley, on patrol, received an anonymous tip (late night) that a male in a blue Ford pickup placed two bicycles in the bed and left westbound.
- Hurley located a green Ford F-250 about 0.75 miles away that resembled the described vehicle and stopped it after observing no traffic violations for several blocks.
- During contact, Hurley detected a strong odor of alcohol and observed bloodshot, glassy eyes in the driver (appellant).
- Dispatch confirmed there was no bicycle theft report at the location; the caller arrived at the scene and corroborated that Hurley had stopped the described truck.
- Appellant was subjected to field-sobriety tests and a blood-alcohol test; he was arrested for DWI and a subsequent search yielded marijuana; the case proceeded to suppression and then to plea and sentencing.
- The Courts of Appeals affirmed the convictions; this Court reversed, holding the stop lacked reasonable suspicion and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the anonymous tip supported reasonable suspicion for a stop | Martinez argues the tip was anonymous and unreliably connected to criminal activity. | Martinez's argument is that the tip, coupled with minimal corroboration, does not justify a detention. | The stop lacked reasonable suspicion; reversal and remand. |
| Whether dispatch corroboration affected reliability of the tip | Martinez contends lack of reliable corroboration undermines basis for stop. | The State contends that dispatcher involvement or caller presence could elevate reliability. | Dispatch/caller reliability insufficient; tip insufficient for reasonable suspicion. |
| Whether officer had specific articulable facts linking to crime | Martinez argues there were few articulable facts connecting appellant to theft. | State argues the unusual late-night bicycle-related activity plus vehicle description supported suspicion. | Facts were not sufficiently articulable or corroborated to establish reasonable suspicion. |
Key Cases Cited
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip must be reliable to support reasonable suspicion; mere tip is insufficient)
- Derichsweiler v. State, 348 S.W.3d 906 (Tex.Crim.App.2011) (limits on reliance on anonymous informant; totality of circumstances matter)
- Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (same as above (court cited))
- Reesing v. State, 140 S.W.3d 732 (Tex.App.-Austin 2004) (informant identification and continued contact affect reliability)
- Hawes v. State, 125 S.W.3d 535 (Tex.App.-Houston 2002) (anonymous tip with corroboration could support stop)
- Sailo v. State, 910 S.W.2d 184 (Tex.App.-Fort Worth 1995) (citizen provided information in person with contact at scene)