By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522
www.rosenthalwadas.com

Motion to Suppress evidence granted in three cases: (1) Possession of Marijuana, (2) Unlawful Possession of a Firearm, (3) Failure to Identify. The Judge ruled that the officer prematurely detained an individual standing outside of his vehicle by ordering him to sit on the curb. At the time of the detention, the officer lacked both probable cause and reasonable suspicion to believe that there was criminal activity taking place.

Case in support of the argument was St. George v. State, 247 S.W.3d 720 (Tex. Crim. App., 2007) in which the Court of Criminal Appeals explained that an officer must articulate more than nervousness and failure to produce a driver’s license before detaining a person.

The ruling was dispositive — all three cases dismissed.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.