Corbin v. State

85 S.W.3d 272, 2002 Tex. Crim. App. LEXIS 116, 2002 WL 1174569
CourtCourt of Criminal Appeals of Texas
DecidedJune 5, 2002
Docket094-01
StatusPublished
Cited by279 cases

This text of 85 S.W.3d 272 (Corbin v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corbin v. State, 85 S.W.3d 272, 2002 Tex. Crim. App. LEXIS 116, 2002 WL 1174569 (Tex. 2002).

Opinions

OPINION

PRICE, J.,

delivered the opinion of the Court in which

MEYERS, JOHNSON, KEASLER, and HOLCOMB, J.J., joined.

In this case, we determine whether the Court of Appeals misapplied the community caretaking exception to warrantless seizures where the police officer saw the appellant’s car cross onto the shoulder of the road for twenty feet while traveling at fifty-two miles per hour. Because we do not believe that the officer’s belief that the appellant was tired and in need of assistance was objectively reasonable, we will reverse.1

FACTS

During the early morning hours of January 27, 1999, Officer James Benson was parked near the intersection of Interstate 20 and the Old Gladewater Highway in Gregg County. Around 1:00 a.m., Benson saw the appellant’s car approaching. The appellant’s car crossed over the side stripe and onto the shoulder of the road. Benson [275]*275estimated that the appellant traveled approximately twenty feet before returning to his lane of traffic. Benson used his radar gun and clocked the appellant traveling at fifty-two miles per horn" the speed limit was sixty-five.2 Benson believed that the appellant had committed the offense of failing to maintain a single lane.3 In addition, because of the time of night, the relatively low speed of travel, and the appellant’s crossing onto the shoulder of the road, Benson was concerned that the appellant might be drunk or sleepy and thus, in need of assistance.4 Benson pulled out and followed the appellant for a little over a mile. As he followed the appellant, Benson saw no traffic violations or indications that the appellant was either drunk or fatigued. Benson then turned on his overhead lights, and the appellant pulled over without difficulty.

Benson then approached the car and asked the appellant to step out. Benson patted down the appellant for weapons and felt something on the appellant’s back. The appellant explained that he was wearing a back-brace for a back injury. Benson asked if the appellant had any prior arrests, and the appellant replied that he had not. Benson was preparing a written warning when dispatch informed him that the appellant had an extensive criminal history involving illegal narcotics. Benson then returned to the appellant and discovered that the back-brace was really a package of cocaine taped to the appellant’s back.

The appellant was arrested and later filed a motion to suppress. After a hearing, the trial court overruled the motion without entering findings of fact or conclusions of law. After a bench trial, the trial court found the appellant guilty of possession of cocaine with intent to deliver and sentenced him to thirty years’ confinement and a $10,000 fine.

On appeal, the appellant argued that the trial court erred in denying his motion to suppress. Corbin v. State, 33 S.W.3d 90, 91 (Tex.App.-Texarkana 2000). The Court of Appeals first held that there was insufficient evidence in the record to indicate that the appellant failed to maintain his lane in an unsafe manner. Id. at 94. Therefore, the stop of the appellant was unreasonable under Transportation Code section 545.060(a). Id. The Court of Appeals, however, did find the community caretaking exception, as explained in Wright v. State, 7 S.W.3d 148, 152 (Tex.Crim.App.1999), to be applicable. Id. In applying the four Wright factors, the Court of Appeals held that, even though the nature and level of distress exhibited was low, Benson could have reasonably concluded that the appellant required assistance. Id. at 94-95. The Court of Appeals held that the motion to suppress was properly denied because Benson was exercising his community caretaking function. Id. at 95. We granted review to determine whether the Court of Appeals properly concluded that the community care-taking exception was applicable to this case. We will reverse.

DISCUSSION

When reviewing a motion to suppress, we give great deference to a trial court’s determination of historical fact. Guzman v. State, 955 S.W.2d 85, 89 (Tex.Crim.App.1997). When the trial court [276]*276does not file findings of fact, we assume that the trial court made implicit findings that support its ruling, so long as those implied findings are supported by the record. State v. Ross, 32 S.W.3d 853, 855 (Tex.Crim.App.2000). We will review de novo mixed questions of law and fact that do not turn on the credibility and demean- or of a witness. Guzman, 955 S.W.2d at 89. We examine the evidence in the light most favorable to the trial court’s ruling. Ross, 32 S.W.3d at 855.

In this case, the Court of Appeals upheld the trial court’s ruling pursuant to Wright and the community caretaking exception. Corbin, 33 S.W.3d at 95. After reviewing our decision in Wright, we think that our Fourth Amendment analysis was incomplete. We take this opportunity to expound on the Wright analysis.

To begin, it is well settled that not all encounters with the police implicate the Fourth Amendment’s protection against unreasonable seizures.5 Florida v. Bostick, 501 U.S. 429, 434, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991); Hunter v. State, 955 S.W.2d 102, 104 (Tex.Crim.App.1997). “So long as a reasonable person would feel free to disregard the [officer] and go about his business,” a police officer may approach and ask an individual questions, including whether that individual requires assistance, without implicating the Fourth Amendment. Bostick, 501 U.S. at 434, 111 S.Ct. 2382; Hunter, 955 S.W.2d at 104. Here, however, because Benson stopped the appellant’s automobile, the appellant was seized within the meaning of the Fourth Amendment. Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979); Garza v. State, 771 S.W.2d 549, 558 (Tex.Crim.App.1989).

A seizure under the Fourth Amendment must be objectively reasonable in light of the particular circumstances of the case. Maryland v. Wilson, 519 U.S. 408, 411, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997); Terry v. Ohio, 392 U.S. 1, 21-22, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Whether a stop is reasonable depends on “a balance between the public interest and the individual’s right to personal security free from arbitrary interference by law enforcement.” Wilson, 519 U.S. at 411, 117 S.Ct. 882; Prouse, 440 U.S. at 654-55, 99 S.Ct. 1391; United States v. Brignoni-Ponce, 422 U.S. 873, 878, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975). A seizure based on reasonable suspicion or probable cause will generally be reasonable. Whren v. United States, 517 U.S. 806, 818, 116 S.Ct.

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Bluebook (online)
85 S.W.3d 272, 2002 Tex. Crim. App. LEXIS 116, 2002 WL 1174569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corbin-v-state-texcrimapp-2002.