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Tyler Court of Appeals Overrules Trial Court’s Motion to Suppress Evidence

by | Feb 21, 2024 | Uncategorized

State of Texas v. Justin Heath Pettit, No.12-23-00185-CR (Tex. App.–Tyler, Feb. 7, 2024, no pet. h.)

A Department of Public Safety trooper held a car for 51 minutes before the drug dog arrived. Pettit was a passenger in the car.

“. . . [T]he tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s “mission”—to address the traffic violation that warranted the stop and attend to related safety concerns. Because addressing the infraction is the purpose of the stop, it may “last no longer than is necessary to effectuate th[at] purpose.” Authority for the seizure thus ends when tasks tied to the traffic infraction are—or reasonably should have been—completed.” Rodriguez v. United States, 575 U.S. 348, 354, 135 S. Ct. 1609, 1614, 191 L. Ed. 2d 492 (2015) (citations omitted).
The trial court granted the defendant’s motion to suppress the evidence. Tyler overruled the motion on the ground that the driver did not object to the delay, and that the defendant did not have standing under that circumstance.