[Download] "State Texas v. Charles Lee Wagner" by Court of Criminal Appeals of Texas No. 724-90 * eBook PDF Kindle ePub Free
eBook details
- Title: State Texas v. Charles Lee Wagner
- Author : Court of Criminal Appeals of Texas No. 724-90
- Release Date : January 29, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Opinion ON STATE'S PETITION FOR DISCRETIONARY REVIEW After a preliminary hearing, a County Court judge in Dallas held that
evidence to be used against appellee, Charles Lee Wagner, obtained through a sobriety checkpoint stop, was obtained in violation
of the Fourth Amendment to the United States Constitution. The State appealed and the Dallas Court of Appeals affirmed the
trial court's judgment. State v. Wagner, 791 S.W.2d 573 (Tex.App. -Dallas 1990). The State then sought discretionary review
from this Court asking that we examine the Court of Appeals' holding in light of Michigan v. Sitz, U.S. , 110 S.Ct. 2481,
110 L.Ed.2d 412 (1990). We granted the State's petition. The Court of Appeals principally relied upon Higbie v. State, 780 S.W.2d 228 (Tex. Cr.App. 1989) (plurality opinion), to
find that stopping appellee's car at a sobriety check point by police officers "was not based on reasonable suspicion but
was designed to be preemptive in nature and premised on nothing more than inarticulate facts -- hunches that criminal conduct
would occur." 791 S.W.2d at 576. As such, the Court of Appeals concluded that the stop "was an infringement of individual
freedom of privacy and travel." Id.1