TX1: Officer’s subjective motivation to follow to observe more driving didn’t undo the RS

The officer’s testimony was the same as the dashcam video, and supported reasonable suspicion. However, “The trial court found there was no reasonable suspicion of the offense of driving while intoxicated based on Cardenas’s testimony, supported by video evidence, that Dodhiya appropriately used his turn signals, maintained his lane, and did not otherwise display bad driving as Cardenas continued to follow him several minutes after the right turn into the center lane. But in doing so, the trial court erroneously allowed its analysis to veer from the objective view of the traffic-offense evidence into the subjective motivations of Cardenas in continuing to watch Dodhiya’s driving pattern.” [There’s no constitutional right to be stopped at the earliest possible time.] State v. Dodhiya, 2020 Tex. App. LEXIS 4099 (Tex. App. – Houston (1st Dist.) May 28, 2020). (The Texas courts website still suffer from a ransomware attack.)

This entry was posted in Reasonable suspicion. Bookmark the permalink.

Comments are closed.