State v. Jonathan Michael Munsey
2014 Tex. App. LEXIS 2307
| Tex. App. | 2014Background
- The Court of Appeals of Texas, Fort Worth, reversed a suppression ruling in a case against Jonathan Munsey from Wichita County.
- Trooper Timms stopped Munsey after observing him drive onto the improved shoulder while turning at an intersection of FM 367 and FM 369.
- Munsey was charged with driving while intoxicated, and moved to suppress the stop as lacking reasonable suspicion of a traffic offense.
- The trial court suppressed the evidence, and the State appealed, leading to remand for additional findings of fact focused on necessity under Texas Transportation Code § 545.058.
- The court considered whether driving on the shoulder was necessary to achieve one of the seven statutorily approved purposes and whether the act was done safely.
- The court ultimately held that reasonable suspicion existed because Munsey drove on the shoulder not as a necessary means to any approved purpose, despite evidence of safe conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to stop Munsey under 545.058(a). | State contends 545.058(a) justified the stop due to unsafe shoulder driving. | Munsey argues driving on the shoulder was not necessary for any approved purpose and not suspicious. | Timms had reasonable suspicion; the stop was supported by 545.058(a) |
Key Cases Cited
- Lothrop v. State, 372 S.W.3d 187 (Tex. Crim. App. 2012) (driving on an improved shoulder requires necessity and safety to justify an offense)
- Dietiker v. State, 345 S.W.3d 422 (Tex. App.—Waco 2011) (no pet.; demonstrates application of section 545.058 in evaluating necessity)
- Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (reasonable suspicion standard for traffic stops; assessment of credibility and fact-finding)
- Wiede v. State, 214 S.W.3d 17 (Tex. Crim. App. 2007) (deferential standard for trial court credibility in suppression rulings)