Page 37 - TPA Journal March April 2024
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of travel, and that he initiated a traffic     failing to maintain a single lane by swerving into
              stop for failure to maintain a single          another lane, whether or not this movement could
              lane after he observed Hardin’s tires          be done safely.” We hold that the court of appeals
              cross over the striped lines marking           did not err and affirm.
              the center lane without Hardin signal-
              ing a lane change, although there were         As the court of appeals correctly noted, we review
              no other vehicles in the vicinity at the       a trial court’s ruling on a motion to suppress under
              time or any other circumstance to sug-         a bifurcated standard of review.  We give almost
              gest that this movement was unsafe.            total deference to a trial court’s determination of
              The trial court further finds that a           historical facts and credibility when supported by
              video recording of Hardin’s vehicle            the record.  Likewise, we afford almost total def-
              made at the time of these observations         erence to a trial court’s ruling on mixed questions
              and entered into evidence at the hear-         of law and fact, if the resolution to those questions
              ing on [the] motion to suppress sup-           turns on the evaluation of credibility and
              ports Officer Alfaro’s testimony.              demeanor.4  When the trial court makes explicit
                                                             fact findings, as the trial court did in this case, we
              2. The Court further finds there was           determine whether the evidence (viewed in the
              no evidence concerning the time of             light most favorable to the trial court’s ruling) sup-
              alleged burglaries or the BOLO                 ports        these         fact        findings.
              regarding the U-Haul, the source of             We review legal conclusions, such as the con-
              the information that a U-Haul was              struction of a statute, de novo.
              involved in burglaries in the area, or
              the reliability of the source, and there       A warrantless traffic stop is a Fourth Amendment
              was no description of the vehicle              seizure that is analogous to temporary detention;
              regarding size, license plate, etc., from      thus, it must be justified by reasonable suspicion.
              which an officer could reasonably sus-         If an officer has a reasonable suspicion that a per-
              pect Defendant’s vehicle might be              son has committed a traffic violation, the officer
              involved in or have evidence of crim-          may conduct a traffic stop.  Reasonable suspicion
              inal activity.                                 exists if the officer has specific articulable facts
                                                             that, combined with rational inferences from those
        The trial court concluded that, based upon these     facts, would lead the officer to reasonably con-
        facts, Officer Alfaro lacked reasonable suspicion    clude the person is, has been, or soon will be
        to stop Appellee for committing a traffic offense.   engaged in criminal activity.   When making a
        The State appealed, arguing that the trial court     determination of reasonable suspicion, we consid-
        erred in holding Officer Alfaro lacked reasonable    er the totality of the circumstances.
        suspicion to stop Appellee for committing a traffic
        offense.  The only argument the State raised on      Here, the question of whether there was reason-
        appeal was that the failure to maintain a single     able suspicion to detain Appellee is not a function
        lane is a traffic violation, regardless of whether or  of Officer  Alfaro’s demeanor or credibility.
        not it was safe to do so, and that violation provid-  Instead, it turns on the application of a traffic
        ed reasonable suspicion for the traffic stop.  The   statute to uncontested facts. To resolve the dispute
        court of appeals rejected this argument and          in this case, we must first construe Transportation
        affirmed the trial court’s order suppressing the evi-  Code §545.060, “Driving on Roadway Laned for
        dence. The State filed a petition for discretionary  Traffic.” Statutory construction is a question of
        review.  We granted review to consider whether       law that we review de novo.
        “The  Thirteenth Court of Appeals erred in con-      When we interpret statues, we seek to effectuate
        cluding that the officer who stopped Hardin’s        the collective intent or purpose of the legislators
        vehicle lacked reasonable suspicion to stop her for
                                                             who enacted the legislation.  In doing so, we nec-


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