Opinion

Webb v. State

  • 739 S.W.2d 802
  • 1987 Tex. Crim. App. LEXIS 740
Court
Court of Criminal Appeals of Texas
Filed
Oct 7, 1987
Status
Published
Author
Clinton
On the bench
Davis, Clinton, Miller, Duncan, Teague, Onion, McCormick, White
Cited by
24 cases

holding unconstitutional a roadblock purportedly established to check for licenses and registrations which was in fact established for general law enforcement purposes

How later courts described this case

  • holding unconstitutional a roadblock purportedly established to check for licenses and registrations which was in fact established for general law enforcement purposes
  • The Court of Criminal Appeals examined the State=s claim that Article 6687b, section 13 authorized a checkpoint under Fourth Amendment principles set forth in Brown, Prouse, Martinez-Fuerte, and other cases.
  • relying on both the Texas and federal constitutions
  • driver’s license checkpoint set up near Dallas bars to find DWIs not constitutionally justified

Written by the judges who cited it.

The opinion

CLINTON, MILLER and DUNCAN, JJ.,

disagree with the analysis in the lead opinion, beginning on page 804 of the "starting point” through the conclusion that such a roadblock “may be constitutionally permissible,” at page 812. Only the result is correct.

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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