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

R. APPROACHING A VEHICLE THAT IS ALREADY STOPPED1. ENCOUNTERState v. Woodard , 2010 WL 1268035 (Tex.App.-Fort Worth 2O1O) (Not designated forpublication).Respondrng to a call about a car in a ditch and report that the driver was on foot, the officer on ahunch that a pedestrian he saw on foot near the scene might be the driver led to him approachingand engaging the pedestrian in questioning. Based upon that encounter, the officer developedprobable cause to believe the pedestrian/defendant was the operator of the vehicle in the ditch andto arrest him for DWI. The defense objected that the officer had no legal basis for approaching andquestioning the defendant. The Court held that an officer needs no justification for a consensuale ncou nter, wh ich triggers no con stitution al protection s.State v. Murphy,2OOT WL 2405120 (Tex.App.-Fort Worth 2007, no pet.) (not designated forpublication).Ihrs case involved a defendant who accidentally drove his motorcycle down an embankment in apark after hours. The trial judge granted the motion fo suppress finding there was no reasonablesuspicion or probable cause to stop the defendant. The Appellate Court characterized the officer'sinitial contact with the defendant when he helped him get his motorcycle up the embankment asa consensual "encaunter." ln overruling the trial judge, the Court found that this encounterescalated into an investigative detention that was supported by reasonable suspicion that thedefend ant was i ntoxicated.State v. Bryant, 161 S.W.3d 758 (Tex.App.-Fort Worth 2005, no pet.).Officer saw defendant turn into the parking lot of a strip shopping center, drive toward the rear ofthe buildings, turn around, stop between the buildings, and turn off his headlights. Afficer droveto where defendant was parked, got out of his patrol car, approached the defendant's car, andknocked on defendant's window. Defendant opened his car door. Officer smelled a strong odorof alcohol and noted defendant had "something all over the front of him" and that his zipper wasundone. After conducting an investigation, officer arrested defendant for DWl. Trial Courtsuppressed fhe sfop finding the officer had no /egal basis to approach vehicle. Court held thatpolice officer was not required to have reasonable suspicion that defendant was engaged incriminal activity to approach defendant's car and knock on his window. Court characterizeseverything up to the point where defendant opened his door as an "encounter' which is nof aseizure for 4h Amendment purposes.27