Driving While Intoxicated Case Law Update - Texas District ...

out that hearsay is generally admissible in a suppression hearing but even if the State could not
rely on hearsay to establish reasonable suspicion, an officer's testimony regarding a vehicle
registration check, like testimony regarding a driver's license check, is admissible under the public
records exception.
Kimball v. State, 24 S.W.3d 555 (Tex.App.-Waco 2000, no pet.).
Officer was properly allowed, over objection, to relarte information he received over the police radio
by unidentified dispatcher that unknown motorist had called 91 1 to report possibly intoxicated driver
in vehicle matching defendant's. Court sfafed that an officer should be allowed to relate the
information on which he was acting. Such information is not hearsay as it is not offered for the
truth of the maffer ass erted but to show how and why the defendant's vehicle was initially identified
and followed.
Ellis v. State, 99 S.W.3d 783 (Tex.App.-Houston [1 Dist.] 2003, pet ref'd.).
Officer testified fhaf basis for stop was he ran defendant's license plate on the computer in his car
and received a response that appellant's car had possibly been involved in a robbery three days
earlier. Defendant objected on basis of hearsay. Here, the testimony was not offered to prove the
truth of the mafferasserted; itwasoffered to show probable cause forthe detention when appellant
was sfopped for traffic violations.
4. ANONYMOUS TIP FROM EMS TECHNICIAN
Glover v. State, 870 S.W.2d 198 (Tex.App.-Fort Worth 1994, pet. refld).
It was proper for officer who witnessed no erratic driving and based the stop solely on information
provided by EMT to make said sfop.
5. INFORMATION COMMUNICATED TO 911 OPERATOR BUT NOT TO
OFFICER WILL SUPPORT STOP
Derichsweiler v. State , 2011 WL 255299 (Tex.Crim.App. 2011), s.ct. cert.denied, Oct. 3, 2011.
The Court holds that a 91 1 police dispatcher is to be regarded as a cooperating officerfor purposes
of making a reasonable suspicion determination. Therefore, if information is reported to the 911
operator, that information will go to support reasonable suspicion to stop an individual even if that
information is not communicated to the officer who performs the stop.
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