Opinion

Yeager v. State

  • 23 S.W.3d 566
  • 2000 Tex. App. LEXIS 4202
  • 2000 WL 798080
Court
Texas Court of Appeals, 10th District (Waco)
Filed
Jun 21, 2000
Status
Published
Author
Gray
On the bench
Davis, Vance, Gray
Cited by
23 cases
Authority
More cited than 9.0%

Reversed on other grounds by Yeager v. State, 2003 Tex. Crim. App. LEXIS 69 (2003)

noting that "the continued viability of the specific jurisdictional holding in Angel [that city police officers' jurisdiction is coextensive with the county sheriff's] may be open to question" because the court based its decision on precise language in former articles 998 and 999 equating the jurisdiction of city police officers with that of the city marshal, whose jurisdiction matched that of the county sheriff; that language was carried over into Local Government Code section 341.001 but then amended in 1995 to provide that a Type A general-law city police officer's jurisdiction is that "granted to or imposed on a peace officer by the Code of Criminal Procedure"

How later courts described this case

  • noting that "the continued viability of the specific jurisdictional holding in Angel [that city police officers' jurisdiction is coextensive with the county sheriff's] may be open to question" because the court based its decision on precise language in former articles 998 and 999 equating the jurisdiction of city police officers with that of the city marshal, whose jurisdiction matched that of the county sheriff; that language was carried over into Local Government Code section 341.001 but then amended in 1995 to provide that a Type A general-law city police officer's jurisdiction is that "granted to or imposed on a peace officer by the Code of Criminal Procedure"
  • holding that jurisdiction of a type B municipality police officer is controlled by common-law geographical limitation of city limits
  • holding that subsections (d) and (g) of article 14.03 extend peace officers’ geographic authority
  • applying non-constitutional error harm analysis because source of error was trial court’s application of Texas statutory and common law, not its application of constitutional principles

Written by the judges who cited it.

The opinion

GRAY, Justice,

dissenting.

Pantego officers never lost sight of Yeager after they had a proper basis for detention in their jurisdiction. They pursued him for further observation. He crossed the boundary of Pantego. Upon observing additional dangerous driving, they detained Yeager and determined that he was intoxicated and arrested him for driving while intoxicated in Pantego. Even though the “pursuit” was not at a high rate of speed, or with flashing lights and sirens, the doctrine commonly known as “hot pursuit” by which law enforcement officers are allowed to make an arrest of a suspect in another jurisdiction for a crime occurring in their jurisdiction is appropriately applied to these facts. See Duenez v. State, 735 S.W.2d 563 (Tex.App.—Houston [1st Dist.] 1987, pet. ref'd). The conviction should be affirmed. Because the majority holds otherwise, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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