Richardson v. State
402 S.W.3d 272
Tex. App.2013Background
- Richardson pleaded guilty to driving while intoxicated after a suppression ruling on a traffic-stop-related detention.
- Trooper Fulford observed Richardson’s Tahoe weave and fail to maintain a single lane on I-35-E near Lewisville, prompting a stop.
- During the stop, Fulford smelled a mild odor of alcohol and found a prescription pill bottle; Richardson claimed it belonged to his girlfriend.
- Fulford noted Richardson’s nervousness, the pill bottle, passenger denials of drinking, and time/location as potential indicators of intoxication.
- Fulford returned Richardson’s license to issue a written warning, then observed an overwhelming odor of breath mints, prompting a DWI investigation.
- Richardson testified he had only taken a breath mint; the trial court found the totality of circumstances supported continued detention for a DWI inquiry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continued detention after the warning was justified | Richardson (State) argues detention continued with reasonable suspicion existing. | Richardson argues no reasonable suspicion beyond the warning supported further detention. | Yes, detention justified; reasonable suspicion supported continued investigation. |
Key Cases Cited
- Amador v. State, 221 S.W.3d 666 (Tex.Crim.App. 2007) (presumption of proper police conduct shifting burden to State)
- Guzman v. State, 955 S.W.2d 85 (Tex.Crim.App. 1997) (framework for suppressions and standard of review)
- Florida v. Royer, 460 U.S. 491 (U.S. Supreme Court 1983) (detention must be temporary and limited to stop purpose)
- Balentine v. State, 71 S.W.3d 763 (Tex.Crim.App. 2002) (limits on continuation of detention after stop)
- Davis v. State, 947 S.W.2d 240 (Tex.Crim.App. 1997) (detention permissible to issue citation; totality of circumstances)
- Kothe v. State, 152 S.W.3d 54 (Tex.Crim.App. 2004) (purpose of stop complete upon issuance of citation)
- Haas v. State, 172 S.W.3d 42 (Tex.App.-Waco 2005) (additional facts may form basis for reasonable suspicion)
- Mohmed v. State, 977 S.W.2d 624 (Tex.App.-Fort Worth 1998) (allowing officer to rely on information gathered during contact)
- Ortiz v. State, 930 S.W.2d 849 (Tex.App.-Tyler 1996) (articulable facts and inferences support detention)