Susan Jacobi Peterson v. State
05-14-00794-CR
| Tex. App. | May 28, 2015Background
- On Dec. 25, 2012, Trooper Kevin Rhodes followed and stopped Susan Jacobi Peterson on the President George Bush Turnpike after observing lane movements around midnight near a bar district.
- Rhodes observed Peterson move from the right lane to the center lane and keep her left turn signal on for over one minute while not changing lanes; he also described the vehicle "weaving within the lane."
- Rhodes, relying on his training and experience identifying intoxicated drivers, testified that weaving within a lane and the late-night/bar-district context gave him concern for intoxication.
- Patrol-car video corroborated that the left blinker remained on for over one minute; the trial court adopted factual findings consistent with Rhodes’s account.
- The trial court denied Peterson’s motion to suppress; she waived a jury, pled pursuant to a plea bargain, and appealed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable suspicion to detain for DWI | Peterson: No traffic violation occurred; stop was unlawful and evidence should be suppressed | Rhodes/State: Officer observed prolonged unnecessary blinker use, weaving within lane, late hour and bar-district location — articulable facts supporting reasonable suspicion | Court: Affirmed denial of suppression; totality of circumstances supported reasonable suspicion |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes reasonable-suspicion standard for investigative stops)
- Heien v. North Carolina, 135 S. Ct. 530 (recognizes that reasonable suspicion, not just probable cause, can justify stops)
- St. George v. State, 237 S.W.3d 720 (bifurcated standard of review for suppression rulings)
- Foster v. State, 326 S.W.3d 609 (totality of circumstances and relevance of time/location to DWI suspicion)
- Elias v. State, 339 S.W.3d 667 (reasonable-suspicion definition in DWI context)
- Curtis v. State, 238 S.W.3d 376 (officer training and experience may inform reasonable inferences of intoxication)
- Fox v. State, 900 S.W.2d 345 (weaving within a lane can indicate intoxication)
- Brooks v. State, 323 S.W.3d 893 (abolition of factual-sufficiency standard in Texas criminal review)