Texas Court of Criminal Appeals · 2013
State v. Duran
A stop is judged on what you actually saw or knew when you made it, not on a violation the dash-cam later shows but you never noticed. Duran's DWI suppression was reinstated because the trial judge found the officer most probably never saw the brief center-stripe drift, and the Court of Criminal Appeals deferred to that finding.
PD-0771-12 (Tex. Crim. App. 2013)
Find the opinion for State v. DuranTexas Court of Criminal Appeals · 2018
Lerma v. State
'I pat everybody down' doesn't justify a frisk, but it doesn't sink one if objective facts would make a reasonable officer fear for safety: alone at night, outnumbered, a passenger reaching into his pockets and between the seats, and an admitted knife. Questioning the passenger before running the driver's warrant check did not unduly prolong this diligent nine-minute stop.
543 S.W.3d 184 (Tex. Crim. App. 2018)
Find the opinion for Lerma v. State