# Garcia v. State

> Court of Criminal Appeals of Texas · April 1, 1992 · 827 S.W.2d 937

URL: https://www.frixlaw.com/law-library/cases/9770825

## Case

- **Full name:** Antonio GARCIA, Appellee, v. STATE of Texas, Appellant
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 1, 1992
- **Citations:** 827 S.W.2d 937; 1992 Tex. Crim. App. LEXIS 83; 1992 WL 61756
- **Precedential status:** Published
- **Opinion:** Concurrence by Miller
- **Judges:** Campbell, Miller, Clinton, Overstreet
- **Cited by:** 510 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9770825

## How later opinions describe it (automated extraction)

- finding that “pretext arrest doctrine” is “no longer viable as a matter of Fourth Amendment jurisprudence. . . . As long as an actual violation occurs, law enforcement officials are free to enforce the laws and detain a person for that violation, . . . regardless of the office…
- holding that “appropriate limitation of an officer’s discretion,” for purposes of Fourth Amendment to the United States Constitution, is existence of law and actual commission of offense; officer’s subjective intent is relevant only to credibility determination of stated reaso…
- holding that, “where police officers are objectively doing what they are legally authorized to do . . . the 14 results of their investigations are not to be called in question on the basis of any subjective intent with which they acted”
- holding that even if arresting officer had second subjective reason for stopping vehicle, trial court erred 7 in suppressing evidence because officer had objective reason for arrest when appellant failed to stop at stop sign
- holding that even if arresting officer had second subjective reason for stopping vehicle, trial court erred in suppressing evidence because officer had objective reason for arrest when defendant failed to stop at stop sign

## Opinion text

MILLER, Judge,
concurring.
I would adopt, for purposes of interpreting the Fourth Amendment, the “modified objective test” (page 942) used by the Sixth, Tenth, and Eleventh Circuits. Under the facts of this case, the same result would be reached using either test; thus I concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9770825. Public record. Not legal advice.