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
TEAGUE, J.,
only concurs in the result. He subscribes in principle with what the Dallas Court of Appeals has stated in this cause, in Padgett v. State, 723 S.W.2d 780 (Tex.App.—Dallas 1987); and Higbie v. State, 723 S.W.2d 802 (Tex.App.—Dallas 1987). Therefore, the State’s PDR should be refused as having been improvidently granted; except where the judgment reflects an acquittal it should be reformed to show a reversal.