vehicular violation (Texas) · Go Syfert
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vehicular violation in Texas

13 Texas opinions name it 2 courts 1989–2023 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Arizona v. Johnsongreen
scotus · 2009 · cited in 8 Texas opinions naming this issue, 2012–2016
2 sentences

2012To make the traffic stop lawful, the police need not have, in addition to the vehicular violation, “cause to believe any occupant of the vehicle is involved in criminal activity.” Id . at 327, 129 S. Ct. at 784 (noting, however, that to justify a patdown of driver or passenger during the stop, police must harbor reasonable suspicion that the person subjected to the frisk is armed and dangerous).

2012See Johnson , 555 U.S. at 327, 333 , 129 S. Ct. at 784, 788 (stating that in a traffic-stop setting, a lawful investigatory stop occurs when it is lawful for police to detain an automobile and its occupants pending inquiry into a vehicular violation).

88
California v. Carneygreen
scotus · 1985 · cited in 3 Texas opinions naming this issue, 1994–2023
2 sentences

2023See, e.g., Carney, 471 U.S. at 391 (“Even in cases where an automobile was not immediately mobile, the lesser expectation of privacy resulting from its use as a readily mobile vehicle justified application of the vehicular exception.”); id. at 393 (“[T]he vehicle is obviously readily mobile by the turn of an ignition key, if not actually moving.”); Opperman, 428 U.S. at 367 (“[T]he inherent mobility of automobiles creates circumstances of such exigency that, as a practical necessity, rigorous enforcement of the warrant requirement is impossible.

2023See, e.g., Carney, 471 U.S. at 391 (“Even in cases where an automobile was not immediately mobile, the lesser expectation of privacy resulting from its use as a readily mobile vehicle justified application of the vehicular exception.”); id. at 393 (“[T]he vehicle is obviously readily mobile by the turn of an ignition key, if not actually moving.”); Opperman, 428 U.S. at 367 (“[T]he inherent mobility of automobiles creates circumstances of such exigency that, as a practical necessity, rigorous enforcement of the warrant requirement is impossible.

13
United States v. Shaun Shortgreen
ca8 · 2021 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See United States v. Short, 2 F.4th 1076, 1079-80 (8th Cir. 2021) (“an easily repairable flat tire did not cause the vehicle to lose its inherent mobility”), cert. denied, 142 S. Ct. 626 (2021); United States v. Fields, 456 F.3d 519, 524 (5th Cir. 2006) (“Even where an automobile is not immediately mobile at the time of the search, ‘the lesser expectation of privacy resulting from its use as a readily mobile vehicle justifie[s] application of the vehicular exception.’” (quoting California v. Carney, 471 U.S. 386, 391 , 105 S. Ct. 2066 , 85 L.

11
United States v. Fieldsgreen
ca5 · 2006 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See United States v. Short, 2 F.4th 1076, 1079-80 (8th Cir. 2021) (“an easily repairable flat tire did not cause the vehicle to lose its inherent mobility”), cert. denied, 142 S. Ct. 626 (2021); United States v. Fields, 456 F.3d 519, 524 (5th Cir. 2006) (“Even where an automobile is not immediately mobile at the time of the search, ‘the lesser expectation of privacy resulting from its use as a readily mobile vehicle justifie[s] application of the vehicular exception.’” (quoting California v. Carney, 471 U.S. 386, 391 , 105 S. Ct. 2066 , 85 L.

11
South Dakota v. Oppermangreen
scotus · 1976 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See, e.g., Carney, 471 U.S. at 391 (“Even in cases where an automobile was not immediately mobile, the lesser expectation of privacy resulting from its use as a readily mobile vehicle justified application of the vehicular exception.”); id. at 393 (“[T]he vehicle is obviously readily mobile by the turn of an ignition key, if not actually moving.”); Opperman, 428 U.S. at 367 (“[T]he inherent mobility of automobiles creates circumstances of such exigency that, as a practical necessity, rigorous enforcement of the warrant requirement is impossible.

11
Vafaiyan v. Stategreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Arizona v. Johnson, 555 U.S. 232, 327 (2009); Vafaiyan v. State, 279 S.W.3d 374, 380 (Tex. Crim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Texas v. White green
scotus · 1975
2 sentences

1989Texas v. White, 423 U.S. 67 , 96 S.Ct. 304 , 46 L.Ed.2d 209 (1975); Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970).

1989Texas v. White, 423 U.S. 67 , 96 S.Ct. 304 , 46 L.Ed.2d 209 (1975); Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970).

11989–1989
Chambers v. Maroney green
scotus · 1970
2 sentences

1989Texas v. White, 423 U.S. 67 , 96 S.Ct. 304 , 46 L.Ed.2d 209 (1975); Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970).

1989Texas v. White, 423 U.S. 67 , 96 S.Ct. 304 , 46 L.Ed.2d 209 (1975); Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970).

11989–1989

Where else courts name it

TX 13 (1989–2023) VA 8 (2009–2026) CT 4 (2001–2023) AL 4 (1990–2010) ND 4 (1998–2013) PA 4 (1987–2018) CA 3 (2013–2026) MO 3 (2014–2025) WI 3 (1996–2022) AZ 3 (2003–2020) MD 3 (2004–2010) MA 3 (2003–2018) OH 2 (2011–2016) NJ 2 (1991–1996) IN 2 (2004–2015) UT 2 (2007–2010) WY 2 (2012–2014) KY 2 (2008–2022) KS 2 (2009–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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