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State of Texas v. Dietiker

The state of Texas appeals from the granting of Richard Louis Dietiker's motions to suppress evidence pursuant to Texas Code of Criminal Procedure �38.04. The trial court erroneously applied Texas Transportation Code �545.060 in determining whether reasonable suspicion to justify a traffic stop existed, and the trial court erred in granting Dietiker's motion to suppress pursuant to �545.058(a). The judgment of the trial court is reversed and remanded for further proceedings. Waco Court of Appeals, No. 10-10-00278-CR, 01-12-2011

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OPINION

The State of Texas appeals from the granting of Richard Louis Dietiker’s motions to suppress evidence pursuant to Code of Criminal Procedure article 38.29. After a traffic stop, Dietiker was charged with the offense of evading arrest.*fn1 TEX. PEN. CODE ANN. § 38.04 (Vernon 2003). The State complains that the trial court erred in its determination that the officer did not have a reasonable suspicion that Dietiker had committed a traffic violation and therefore it was erroneous to grant Dietiker’s motion. Because we find that the trial court erred by granting the motion to suppress, we reverse the judgment of the trial court and remand for further proceedings.

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