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Gerardo Lujan v. the State of Texas

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Johnson, J., filed a concurring opinion. Meyers, J., filed a dissenting opinion.

The court of appeals held that the checkpoint where drugs were discovered in Appellant’s vehicle was illegal because it was not for the sole purpose of checking drivers’ licenses and insurance. We reverse.

A motion to suppress hearing was held on July 10, 2006. At the hearing, Deputy Sheriff Hernandez testified that he was working a stationary vehicle check on February 9, 2006. The purpose of the checkpoint was to target uninsured motorists and unlicensed drivers. An entire unit of the criminal interdiction unit was assigned, comprised of six to seven officers, including a supervisor and a K-9 unit. The officers stopped every vehicle that came through the checkpoint, both north and southbound. If the drivers had their licenses and insurance, they were waved through the checkpoint. Deputy Hernandez was checking northbound traffic, and he stopped Lujan’s vehicle. Lujan informed Deputy Hernandez that he did not have a driver’s license. He was directed to pull to the side of the road and park so Hernandez could issue a citation. Hernandez asked Lujan to step out of the vehicle and move over by his patrol car.

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