Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Clark

The trial court erred in granting appellant's motion to suppress because the evidence before the court showed a reasonable basis for the sergeant to suspect appellant of violating �18-153 of the Abilene Municipal Code. There need only be an objective basis for the stop; the subjective intent of the officer conducting the stop is irrelevant. Eastland Court of Appeals, No. 11-09-00042-CR, 04-08-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

The State of Texas appeals from the granting of Christopher Robert Clark’s motion to suppress evidence, which he presented in the underlying case in which he is charged with the offense of driving while intoxicated. In its sole point, the State urges that the trial court abused its discretion in granting Clark’s motion to suppress. We reverse the order granting Clark’s motion to suppress and remand for further proceedings consistent with this opinion.

We review the trial court’s ruling on a motion to suppress evidence for an abuse of discretion. Swain v. State, 181 S.W.3d 359, 365(Tex. Crim. App. 2005). We review the evidence in the light most favorable to the trial court’s ruling. Id. When the trial court makes explicit fact findings, we determine whether the evidence, when viewed in the light most favorable to the trial court’s ruling, supports those findings. State v. Kelly, 204 S.W.3d 808, 818 (Tex. Crim. App. 2006). We then review the trial court’s legal ruling de novo unless its explicit fact findings that are supported by the record are also dispositive of the legal ruling. Id. We will sustain the trial court’s decision if it is correct on any theory of law applicable to the case. Swain, 181 S.W.3d at 365.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
BANKRUPTCY AND COMMERCIAL LITIGATION ASSOCIATA Connecticut (Stamford / Hartford)

McCarter & English, LLP is actively seeking a junior level commercial litigation associate admitted to practice in Connecticut, with a d...


Apply Now ›
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
CORPORATE ASSOCIATE - CT or Remote

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›
Go to Lawjobs