Page 22 - Nov Dec 2015

Joe C. Tooley, Legal Digest Editor

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

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

November/December 2015

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.

TRAFFIC – REASONABLE SUSPICION FOR ing only” is located 5.3 miles from where
STOP Collins first saw the Explorer. A video record-
Department of Public Safety Officer Jeremiah ed by Collins’s dashboard camera at a later
Collins discovered three unauthorized aliens date indicates that Highway 59 North inter-
in the backseat of Castillo’s vehicle during a sects several country roads and turnarounds
traffic stop on Highway 59 outside of Victoria, as well as two entrance ramps in the stretch
Texas. Collins claims that he stopped Castillo between the sign and Collins’s post at the gas
for driving in a left lane reserved for passing, station.
in violation of Texas law. Castillo contends the
stop violated the Fourth Amendment because Collins pulled out of the gas station to follow
Collins had no reasonable suspicion to the car. He entered the highway and passed a
believe Castillo committed this traffic infrac- handful of vehicles, and after about a minute
tion. He appeals the district court’s denial of and a half—approximately eight miles from
his motion to suppress the evidence Collins the sign—he caught up with the Explorer,
acquired as a result of the stop. We affirm. which was still driving in the left lane. Collins
followed the vehicle for an additional three
In the early morning hours of November 11, miles. Twice Collins pulled up beside the
2013, Officer Collins was conducting a traffic Explorer in the right-hand lane and then fell
patrol on Highway 59 in Victoria County, back again, to give it an opportunity to
Texas. He was parked at a gas station along change lanes. The Explorer remained in the
the highway observing traffic when he saw a left lane. When Collins pulled alongside the
white Ford Explorer driving north in the left- Explorer, he noticed a young woman in the
most lane. A sign reading “left lane for pass- passenger seat with a “deer-caught-in-the-

18 www.texaspoliceassociation.com • 866-997-8282 Texas Police Journal