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Criminal Law

: Fourth Amendment

TX: Barely crossing centerline with no other traffic around not cause for stop

By John Wesley Hall, Jr.

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Tire barely crossing centerline once when there is no other traffic is not cuase for a stop. Fowler v. State, 2008 Tex. App. LEXIS 6253 (Tex. App. – Ft. Worth August 14, 2008).* Consent to enter a car to look for a gun permit that led to smell of marijuana justified officer looking in a CD case where the smell was coming from. State v. Black, 2006 Ala. Crim. App. LEXIS 171 (August 25, 2006), released for publication July 28, 2008.* Defendant's stop was with probable cause, not just reasonable suspicion, so the plain view was valid. State v. Warren, 2008 Ore. App. LEXIS 1131 (August 13, 2008).*

Full post as published by Fourth Amendment on August 19, 2008 (boomark / email).

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