Robert E. Marzett v. Steve McCraw, James Shoemaker, Warren Mike Yarborough, Greg Willis, Collin County and Terry Box
2015 Tex. App. LEXIS 4260
| Tex. App. | 2015Background
- On Jan. 18, 2012, Robert Marzett was stopped on Preston Road, Collin County, for driving without license plates.
- Marzett told Officer James Shoemaker he was engaged in "private travel" on "private property" and therefore not subject to the Texas Transportation Code; he refused to show a Texas driver’s license.
- Shoemaker’s computer showed Marzett’s license was suspended; Shoemaker arrested him. Marzett was convicted of driving while license invalid/suspended but was later acquitted on appeal to the county court at law.
- Marzett sued the DPS director (McCraw), Shoemaker, various Collin County officials, and Collin County, alleging unlawful enforcement of the Transportation Code because he was not "engaged in transportation" and was not a "statutory ‘person.’"
- Defendants moved to dismiss (Rule 91a), raised immunity defenses, and sought sanctions; the trial court granted the motions, dismissed Marzett’s claims, and awarded sanctions. Marzett paid part of the sanctions and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of stop and detention | Marzett: he was "private travel" not subject to Transportation Code, so officer lacked authority to stop/detain | Defendants: statutes authorize stopping/detaining a person operating a vehicle on a public highway for license/plate compliance | Court: Marzett conceded he was on a public highway in a motor vehicle; officer lawfully stopped and detained him |
| Requirement to possess/display a driver’s license/plates | Marzett: no law required his compliance when "private travel" on "private property" | Defendants: Tx. Transp. Code requires license and plates for persons operating motor vehicles on public highways | Court: statutes apply by their plain language; Marzett was subject to the requirements |
| Arrest authority for traffic violations | Marzett: arrest was improper because he was not subject to code provisions | Defendants: Transportation Code permits warrantless arrest for traffic violations (except specified exceptions) | Court: arrest was authorized under the Code; arrest for minor traffic violation not per se unreasonable under Fourth Amendment |
| Dismissal and sanctions | Marzett: trial court erred in dismissing and sanctioning his claims | Defendants: pleadings lacked legal and record support; sanctions appropriate | Court: appellate review finds complaints meritless or inadequately supported; trial court did not err in dismissal or sanctions |
Key Cases Cited
- Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893 (Tex. App.—Dallas 2010) (briefing must cite record and legal authority precisely; failure can justify deeming issues inadequately presented)
- Spence v. State, 325 S.W.3d 646 (Tex. Crim. App. 2010) (interpretation of license-plate registration requirements under the Transportation Code)
- Kelly v. State, 331 S.W.3d 541 (Tex. App.—Houston [14th Dist.] 2011) (officer may stop/detain for traffic violations when violation occurred or reasonable suspicion exists)
- McVickers v. State, 874 S.W.2d 662 (Tex. Crim. App. 1993) (standards for traffic stops and reasonable suspicion)
- Ferguson v. State, 573 S.W.2d 516 (Tex. Crim. App. 1978) (authority for warrantless arrests for traffic violations under the Transportation Code)
- Atwater v. City of Lago Vista, 532 U.S. 318 (2001) (warrantless arrest for a minor traffic offense is not an unreasonable seizure under the Fourth Amendment)
- State v. Gray, 158 S.W.3d 465 (Tex. Crim. App. 2005) (Fourth Amendment analysis for arrests based on traffic offenses)