Page 24 - TPA Journal July August 2024

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

July - August 2024

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

PROBABLE CAUSE AND REASONABLE and various neck and back surgeries, for the pain
SUSPICION. Qualified Immunity, DWI arrest. associated with these injuries. He would be deemed
disabled by a Social Security physician two years
Plaintiff-appellant Francis G. “Buddy” Allemang later in 2017. But on August 21, 2015, he was
sued a Louisiana State Trooper and the State of stopped at a DWI checkpoint at 11 p.m. in
Louisiana after he was arrested on suspicion of Calcasieu Parish, Louisiana. Allemang was driving
driving while intoxicated for failing a standard field three passengers toward an RV park where they
sobriety test (SFST), even though Allemang had were all staying that evening. When Allemang
informed the Trooper that back injuries would approached the checkpoint, an unknown officer
inhibit his ability to complete the SFST, and even asked him whether he had consumed any alcohol
though Allemang would later blow a clean that day, to which Allemang responded that he had
Breathalyzer. The district court granted summary four beers over a several-hour period, with the final
judgment to the defendants, holding that the arrest beer “around 9:30” with dinner. The officer then
did not violate Allemang’s rights under the Fourth motioned for defendantappellee State Trooper
and Fourteenth Amendments. We AFFIRM, but for Freddie Rogers to approach Allemang’s vehicle.
slightly different reasons than the district court Allemang repeated to Rogers that he had consumed
offered. four beers that evening, and Rogers would later
assert in his incident report that he detected a “faint
In August 2015, plaintiff-appellant Francis G. to moderate odor of alcoholic beverage on
“Buddy” Allemang was fifty-five years old and had [Allemang’s] breath.” Rogers asked Allemang to
recently suffered spinal injuries. Allemang had submit to a SFST. Allemang consented and exited
received medical treatment, including injections his vehicle.

20 www.texaspoliceassociation.com • (512) 458-3140 Texas Police Journal