Robert Lafayette Walker v. State
12-15-00128-CR
| Tex. App. | Aug 17, 2015Background
- Walker challenged the denial of his motion to suppress in a DWI-2nd Offense case; he pled guilty after suppression denial and was sentenced to 200 days in jail; appeal timely filed.
- Motion focused on whether the trooper had probable cause to stop based on videotape; trooper testified to crossing the double-yellow line, but video did not clearly show it.
- Anonymous DPS 911 tip purportedly reporting a drunk driver, but the DPS 911 tape was not produced and the tip lacked corroboration.
- The videotape allegedly contradicted the trooper’s account; the trial court did not rely on the video to sustain the stop.
- Appellant argues the stop was not justified by any observed traffic violation or corroborated tip, warranting suppression and acquittal.
- Court considered whether the videotape can negate officer credibility and whether anonymous tips can justify stops without corroboration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the videotape negate the trooper’s testimony on the traffic stop? | Walker | State | Yes; video contradicts the stop, warranting reversal. |
| Was the anonymous 911 tip sufficient to justify detention? | Walker | State | No; tip uncorroborated, insufficient for stop. |
| Did the anonymous caller provide a sufficiently detailed description? | Walker | State | No; tip lacked detail to justify stop. |
Key Cases Cited
- Carmouche v. State, 10 S.W.3d 323 (Tex. Crim. App. 2000) (video can contradict officer testimony; deference limits when video is indisputable)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (deference to trial court on factual findings; credibility determinations)
- State v. Ballard, 987 S.W.2d 889 (Tex. Crim. App. 1999) (standard for suppression appeals; appellate review of historical facts)
- Montanez v. State, 195 S.W.3d 101 (Tex. Crim. App. 2006) (videotape as evidentiary aid in suppression rulings)
- State v. Weaver, 349 S.W.3d 521 (Tex. Crim. App. 2011) (deference to trial court on credibility in suppression)
