TX14: Dashcam video didn’t support officer’s version and appellate court won’t reverse suppression order

The dashcam video doesn’t support the state’s contention defendant was weaving before the stop, and there is no abuse of discretion in the trial court’s findings suppressing the stop for a “welfare check” that led to a DUI arrest. State v. Bernard, 2016 Tex. App. LEXIS 12018 (Tex. App. – Houston (14th Dist.) Nov. 8, 2016).*

There was cause for defendant’s stop for a traffic offense, and then defendant fled. “Calmese’s subsequent flight from police provided further justification for his detention.” United States v. Calmese, 2016 U.S. Dist. LEXIS 152769 (E.D.Mo. Oct. 7, 2016),* adopted, 2016 U.S. Dist. LEXIS 151063 (E.D. Mo. Nov. 1, 2016).*

“Even taking defendant’s version of the facts into account, when the ‘entire, tightly forged chain of circumstances’ is considered, there is sufficient evidence to establish probable cause for the arrest. See Maguire, 918 F.2d at 258. A number of events support such a finding.” United States v. Rachal, 2016 U.S. Dist. LEXIS 153386 (D.Mass. Nov. 3, 2016).*

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