State v. Stolte, 991 S.W.2d 336 (Tex. App. 1999). · Go Syfert
State v. Stolte, 991 S.W.2d 336 (Tex. App. 1999). Cases Citing This Book View Copy Cite
“itizen reports of criminal activity have been deemed inherently reliable in texas terry-stop cases.”
223 citation events (213 in the last 25 years) across 6 distinct courts.
Strongest positive: Michael Grace v. State (texapp, 2015-07-02)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Michael Grace v. State
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
itizen reports of criminal activity have been deemed inherently reliable in texas terry-stop cases.
discussed Cited as authority (verbatim quote) Delane Dumas v. State
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
itizen reports of criminal activity have been deemed inherently reliable in texas terry-stop cases.
discussed Cited as authority (rule) Lonnie Gene Kinnett v. State (2×) also: Cited "see, e.g."
Tex. App. · 2020 · confidence medium
See Navarette, 572 U.S. at 399 (stating that reports of events made contemporaneously or soon thereafter have “long been treated as especially reliable”); State v. Stolte, 991 S.W.2d 336, 342 (Tex. App.—Fort Worth 1999, no pet.) (“In addition, [the caller] told the dispatcher that he was personally watching [the defendant], which entitled the police to give greater weight to the tip.”).
cited Cited as authority (rule) State v. Israel Ramirez
Tex. App. · 2015 · confidence medium
State v. Stolte, 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.); State v. Sailo, 910 S.W.2d 184, 188 (Tex. App.—Fort Worth 1995, pet. ref'd).
cited Cited as authority (rule) Whitfield, Jeffery Tyrone
Tex. · 2015 · confidence medium
Pipkin, supra; Stolte v. State, 991 S. W. 2d 336, 341 (Tex. App. –Fort Worth 1999, no pet.); Brother v. State, 166 S.W. 3d 255 (Tex. Crim App. 2005).
cited Cited as authority (rule) Richard Daniel Grandberry v. State
Tex. App. · 2014 · confidence medium
See Turley v. State, 242 S.W.3d 178, 181 (Tex. App.—Fort Worth 2007, no pet.); State v. Stolte, 991 S.W.2d 336, 342 (Tex. App.—Fort Worth 1999, no pet.).
examined Cited as authority (rule) David Leroy Taflinger v. State (6×) also: Cited "see"
Tex. App. · 2013 · confidence medium
“Furthermore, a person who is not connected with the police or who is not a paid informant is considered inherently trustworthy when he advises the police that he suspects criminal activity has occurred or is occurring.” Id.; State v. Stolte, 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.). “[W]hen the informant provides self-identifying information that makes himself accountable for the intervention, the degree of reliability significantly improves.” Martinez v. State, 348 S.W.3d 919, 923 (Tex. Crim.
cited Cited as authority (rule) Cornelious L. Matthews v. State
Tex. App. · 2013 · confidence medium
Pipkin v. State, 114 S.W.3d 649, 654 (Tex. App. – Fort Worth 2003, no pet.); State v. Stolte, 991 S.W.2d 336, 341 (Tex. App. – Fort Worth 1999, no pet.).
discussed Cited as authority (rule) Joseph B. Davis v. State (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
See, e.g. , Hime , 998 S.W.2d at 895–96 (finding informant reliable because she provided police with her name and gave detailed description of vehicle and wrongdoing); Brother , 166 S.W.3d at 257 (holding that reasonable suspicion need not arise from the officer’s personal observation, but may be supplied by information acquired from another person); Stolte , 991 S.W.2d at 341 (holding that corroboration by an officer of any information relayed by the informant may increase the reliability of the information).
cited Cited as authority (rule) Robert Andrew Barnes v. State
Tex. App. · 2011 · confidence medium
Reesing v. State, 140 S.W.3d 732, 737 ( Tex.App .--Austin 2004, pet. refused); State v. Stolte , 991 S.W.2d 336, 343 ( Tex.App .--Fort Worth 1999, no pet.).
cited Cited as authority (rule) Mitchell v. State
Tex. App. · 2011 · confidence medium
Reesing v. State, 140 S.W.3d 732, 737 (Tex.App.-Austin 2004, pet. refused); State v. Stolte, 991 S.W.2d 336, 343 (Tex.App.-Fort Worth 1999, no pet.).
cited Cited as authority (rule) Kathy M. Mitchell v. State
Tex. App. · 2011 · confidence medium
Reesing v. State, 140 S.W.3d 732, 737 ( Tex.App .--Austin 2004, pet. refused); State v. Stolte , 991 S.W.2d 336, 343 ( Tex.App .--Fort Worth 1999, no pet.).
cited Cited as authority (rule) Kathy M. Mitchell v. State
Tex. App. · 2011 · confidence medium
Reesing v. State, 140 S.W.3d 732, 737 (Tex.App.--Austin 2004, pet. refused); State v. Stolte, 991 S.W.2d 336, 343 (Tex.App.--Fort Worth 1999, no pet.).
cited Cited as authority (rule) Kathy M. Mitchell v. State
Tex. App. · 2011 · confidence medium
Reesing v. State, 140 S.W.3d 732, 737 (Tex.App.--Austin 2004, pet. refused); State v. Stolte, 991 S.W.2d 336, 343 (Tex.App.--Fort Worth 1999, no pet.).
cited Cited as authority (rule) Robert Brandon Ryals v. State
Tex. App. · 2011 · confidence medium
App. Jan. 26, 2011); State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.).
cited Cited as authority (rule) Robert Brandon Ryals v. State
Tex. App. · 2011 · confidence medium
App. Jan. 26, 2011); State v. Stolte, 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.).
cited Cited as authority (rule) James Sunny Burton v. State
Tex. App. · 2011 · confidence medium
State v. Stolte, 991 S.W.2d 336, 341 (Tex. App.––Fort Worth 1999, no pet.).
cited Cited as authority (rule) Burton v. State
Tex. App. · 2011 · confidence medium
State v. Stolte, 991 S.W.2d 336, 341 (Tex.App.-Fort Worth 1999, no pet.).
discussed Cited as authority (rule) Samuel Torres v. State
Tex. App. · 2011 · confidence medium
We conclude that, in this case, although the affidavit described the two callers as being anonymous, they were actually concerned citizens who could be held accountable for their actions.5 Accordingly, because both callers‘ identities were easily ascertainable, the callers‘ reports in this case exhibited ―heightened indicia of reliability.‖ See Mitchell v. State, 187 S.W.3d 113, 117-18 (Tex. App.–Waco 2006, pet. ref‘d); State v. Stolte, 991 S.W.2d 336, 341 (Tex. App.–Fort Worth 1999, no pet.); see also Martinez v. State, 318 S.W.3d 24, 28 (Tex. App.–San Antonio 2009, pet. grant…
cited Cited as authority (rule) Timothy Shawn Ray v. State
Tex. App. · 2010 · confidence medium
In State v. Stolte, a driver saw Stolte‘s car driving slowly and weaving in and out of its traffic lane. 991 S.W.2d 336, 340 (Tex. App.—Fort Worth 1999, no pet.).
cited Cited as authority (rule) Ronald Scott Sbriglia v. State
Tex. App. · 2010 · confidence medium
Pipkin v. State , 114 S.W.3d 649, 654 (Tex. App.—Fort Worth 2003, no pet.); State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.).
discussed Cited as authority (rule) Randy Eric Morgan v. State
Tex. App. · 2010 · confidence medium
A citizen=s tip deserves great weight when there is a detailed description of the wrongdoing along with a statement that the event was witnessed firsthand; Illinois v. Gates, 462 U.S. 213, 234 , 103 S.Ct. 2317 , 11 76 L.Ed.2d 527 (1983), when a citizen puts their self in a position to be held accountable for their intervention; State v. Stolte, 991 S.W.2d 336, 341 (Tex.App.BFort Worth 1999, no pet.), the citizen is not connected with law enforcement or a paid informant; State v. Sailo, 910 S.W.2d 184, 188 (Tex.App.BFort Worth 1995, pet. ref=d), or there is sufficient evidence that an informant…
discussed Cited as authority (rule) Randy Eric Morgan v. State
Tex. App. · 2010 · confidence medium
A citizen(s tip deserves great weight when there is a detailed description of the wrongdoing along with a statement that the event was witnessed firsthand; Illinois v. Gates, 462 U.S. 213, 234 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), when a citizen puts their self in a position to be held accountable for their intervention; State v. Stolte, 991 S.W.2d 336, 341 (Tex.App.(Fort Worth 1999, no pet.), the citizen is not connected with law enforcement or a paid informant; State v. Sailo, 910 S.W.2d 184, 188 (Tex.App.(Fort Worth 1995, pet. ref(d), or there is sufficient evidence that an informant(s …
discussed Cited as authority (rule) Morgan v. State
Tex. App. · 2010 · confidence medium
A citizen’s tip deserves great weight when there is a detailed description of the wrongdoing along with a statement that the event was witnessed firsthand; Illinois v. Gates, 462 U.S. 213, 234 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), when a citizen puts their self in a position to be *869 held accountable for their intervention; State v. Stolte, 991 S.W.2d 336, 341 (Tex.App.-Fort Worth 1999, no pet.), the citizen is not connected with law enforcement or a paid informant; State v. Sailo, 910 S.W.2d 184, 188 (Tex.App.-Fort Worth 1995, pet. ref'd), or there is sufficient evidence that an infor…
discussed Cited as authority (rule) Mark Derichsweiler v. State
Tex. App. · 2009 · confidence medium
In any event, the evidence establishes that the parking lots was public places. 15 Pipkin v. State, 114 S.W.3d 649, 654 (Tex. App.—Fort Worth 2003, no pet.) (citizen described defendant driving under speed limit and smoking a crack pipe); State v. Stolte, 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.) (unidentified citizen caller described erratic driving and identified car and location), with Griffey, 241 S.W.3d at 705 (citizen informant reported that individual was passed out behind wheel in drive-through line).
discussed Cited as authority (rule) Mark Derichsweiler v. State
Tex. App. · 2009 · confidence medium
Compare Bobo , 843 S.W.2d at 575 (townhome resident described two suspicious persons in an area where they should not be); Brother , 166 S.W.3d at 258 (citizen described defendant’s car and location, as well as his erratic driving); Pipkin v. State , 114 S.W.3d 649, 654 (Tex. App.—Fort Worth 2003, no pet.) (citizen described defendant driving under speed limit and smoking a crack pipe); State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.) (unidentified citizen caller described erratic driving and identified car and location), with Griffey , 241 S.W.3d at 705 (citize…
discussed Cited as authority (rule) Derichsweiler v. State (2×)
Tex. App. · 2009 · confidence medium
Compare Bobo, 843 S.W.2d at 575 (townhome resident described two suspicious persons in an area where they should not be); Brother, 166 S.W.3d at 258 (citizen described defendant’s car and location, as well as his erratic driving); Pipkin v. State, 114 S.W.3d 649, 654 (Tex.App.-Fort Worth 2003, no pet.) (citizen described defendant driving under speed limit and smoking a crack pipe); State v. Stolte, 991 S.W.2d 336, 341 (Tex.App.-Fort Worth 1999, no pet.) (unidentified citizen caller described erratic driving and identified car and location), with Griffey, 241 S.W.3d at 705 (citizen informant…
discussed Cited as authority (rule) State v. Barras (2×)
La. Ct. App. · 2009 · confidence medium
See United States v. Wheat, 278 F.3d 722 , 732 n. 8 (8th Cir.2001), ce rt. denied, 537 U.S. 850 , 123 S.Ct. 194 , 154 L.Ed.2d 81 (2002); State v. Tucker, 19 Kan.App.2d 920, 931 , 878 P.2d 855, 864 (1994); State v. Stolte, 991 S.W.2d 336, 343 (Tex.App.1999). 2 We find that the strong interest in public safety supersedes any expectation of privacy and justifies an investigatory stop of a vehicle based solely on an anonymous tip that the driver may be driving under the influence.
cited Cited as authority (rule) Amanda Rene Wilson v. State
Tex. App. · 2008 · confidence medium
State v. Stolte , 991 S.W.2d 336, 341 (Tex. App. C Fort Worth 1999, no pet.); see State v. Sailo , 910 S.W.2d 184, 188 (Tex. App. C Fort Worth 1995, pet. ref = d).
discussed Cited as authority (rule) Jesse Lee Robinson v. State (2×)
Tex. App. · 2007 · confidence medium
See id. (citing Fudge , 42 S.W.3d at 232 ) (upholding detention of accused based on unsolicited personal report by cab driver to officer about erratic driving); Garcia , 25 S.W.3d at 913-14 (holding that reasonable suspicion existed after informant individual "flagged down" officer in parking lot and personally reported incident, even though informant later left scene without identifying himself); State v. Stolte , 991 S.W.2d 336, 342-43 (Tex. App.--Fort Worth 1999, no pet.) (holding that traffic stop justified based on tip from informant who witnessed erratic driving, called police on cellula…
discussed Cited as authority (rule) State v. Griffey
Tex. App. · 2007 · confidence medium
See, e.g., Brother v. State, 166 S.W.3d 255, 256-57 (Tex.Crim.App.2005) (upholding stop based on citizen's report of erratic driving); Webb v. State, 760 S.W.2d 263, 273-74 (Tex.Crim.App.1988) (upholding stop based on citizen’s report that two subjects had just committed robbery); Esco v. State, 668 S.W.2d 358, 360-61 (Tex.Crim.App.1982) (holding that probable cause existed based on information received from witnesses to aggravated robbery); Wood v. State, 573 S.W.2d 207, 214 (Tex.Crim.App.1978) (holding that citizen informant’s tip that he had been contacted by individual promoting prosti…
discussed Cited as authority (rule) State v. Amanda Griffey
Tex. App. · 2007 · confidence medium
App. 1972) (holding that probable cause existed where witness/victim identified man who drugged her); Gansky v. State , 180 S.W.3d 240, 247 (Tex. App.--Fort Worth 2005, pet. ref'd) (holding that stop was reasonable when based on citizens' report that car was traveling on wrong side of interstate); Pipkin v. State , 114 S.W.3d 649, 653 (Tex. App.--Fort Worth 2003, no pet.) (upholding stop where citizen observed defendant driving erratically while smoking crack pipe); Hawes v. State , 125 S.W.3d 535, 540 (Tex. App.--Houston [1st Dist.] 2002, no pet.) (upholding stop based on tow truck driver's r…
discussed Cited as authority (rule) State v. Amanda Griffey
Tex. App. · 2007 · confidence medium
The officer, who was familiar with Adams and knew that he had a history of driving while intoxicated, arrived on the scene and observed Adams waiting in (holding that informant’s information that he had seen underaged individuals retrieving alcohol from car in store parking lot, when corroborated with additional facts, was sufficient to establish reasonable suspicion); Hime v. State, 998 S.W.2d 893, 895 (Tex. App.—Houston [14th Dist.] 1999, pet. ref’d) (upholding stop based on call from citizen who observed subject driving erratically); State v. Stolte, 991 S.W.2d 336, 342-43 (Tex. App.�…
cited Cited as authority (rule) Turley v. State
Tex. App. · 2007 · confidence medium
Pipkin v. State, 114 S.W.3d 649, 654 (Tex.App.-Fort Worth 2003, no pet.); State v. Stolte, 991 S.W.2d 336, 341 (Tex.App.-Fort Worth 1999, no pet.). 15 .
cited Cited as authority (rule) Donald Ray Jones v. State
Tex. App. · 2007 · confidence medium
State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.––Fort Worth 1999, no pet.).
discussed Cited as authority (rule) Travis James Turley v. State
Tex. App. · 2007 · confidence medium
App. 2005), cert. denied , 546 U.S. 1150 (2006); State v. Sailo , 910 S.W.2d 184 , 188–89 (Tex. App.—Fort Worth 1995, pet. ref’d) (citing Illinois v. Gates , 462 U.S. 213, 242 , 103 S. Ct. 2317, 2334 (1983)). 13: Brother , 166 S.W.3d at 259 n.5; Sailo , 910 S.W.2d at 189 . 14: Pipkin v. State , 114 S.W.3d 649, 654 (Tex. App.—Fort Worth 2003, no pet.); State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.). 15: Pipkin , 114 S.W.3d at 655 ; Stolte , 991 S.W.2d at 341 . 16: At the beginning of the hearing on the motion to suppress, the parties agreed that the scope o…
cited Cited as authority (rule) Mark Gregory Chambers v. State
Tex. App. · 2007 · confidence medium
State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.).
discussed Cited as authority (rule) in Re Daughters of Charity Health Services of Austin D/B/A Seton Medical Center
Tex. App. · 2007 · confidence medium
See, e.g., Hawes v. State, 125 S.W.3d 535, 540 (Tex. App.—Houston [1st Dist.] 2002, no pet.) (upholding detention based on tow truck driver’s call to dispatch reporting erratic driving because tow truck driver was in traceable vehicle and was following defendant); Fudge, 42 S.W.3d at 232 (upholding detention based solely on cab driver’s unsolicited in-person report to officer about erratic driving); Garcia, 25 S.W.3d at 913-14 (holding that reasonable suspicion existed after individual “flagged down” officer in parking lot and personally reported incident, even though informant later…
discussed Cited as authority (rule) Wendy Winborn v. State
Tex. App. · 2007 · confidence medium
See , e.g. , Hawes v. State , 125 S.W.3d 535, 540 (Tex. App.--Houston [1st Dist.] 2002, no pet.) (upholding detention based on tow truck driver's call to dispatch reporting erratic driving because tow truck driver was in traceable vehicle and was following defendant); Fudge , 42 S.W.3d at 232 (upholding detention based solely on cab driver's unsolicited in-person report to officer about erratic driving); Garcia , 25 S.W.3d at 913-14 (holding that reasonable suspicion existed after individual "flagged down" officer in parking lot and personally reported incident, even though informant later lef…
cited Cited as authority (rule) Rachael Anders v. State
Tex. App. · 2007 · confidence medium
Pipkin v. State , 114 S.W.3d 649, 654 (Tex. App.—Fort Worth 2003, no pet.); State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.).
discussed Cited as authority (rule) People v. Shafer
Ill. App. Ct. · 2007 · confidence medium
App. 2d 920, 931 , 878 P.2d 855, 864 (1994) (“[t]he risk of danger presented to the public by a drunken driver is so great that we cannot afford to impose strict, verifiable conditions on an anonymous tip before an investigatory stop can be made in response to such a tip”); State v. Stolte, 991 S.W.2d 336, 343 (Tex. App. 1999) (describing the “immediate threat to public safety” caused by drunk drivers in upholding an investigative stop based on information provided by an informant’s tip).
discussed Cited as authority (rule) People v. Shafer
Ill. App. Ct. · 2007 · confidence medium
App. 2d 920, 931 , 878 P.2d 855, 864 (1994) ("[t]he risk of danger presented to the public by a drunken driver is so great that we cannot afford to impose strict, verifiable conditions on an anonymous tip before an investigatory stop can be made in response to such a tip"); State v. Stolte, 991 S.W.2d 336, 343 (Tex. Ct. App. 1999) (describing the "immediate threat to public safety" caused by drunk drivers in upholding an investigative stop based on infor- mation provided by an informant's tip).
cited Cited as authority (rule) Robert Lee Lieblong v. State
Tex. App. · 2007 · confidence medium
See Sailo , 910 S.W.2d at 188 (citing White , 496 U.S. at 330 , 110 S. Ct. at 2416 ); State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.).
discussed Cited as authority (rule) Julie Ann Barrington v. State (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
App. P. 47.4. 2: State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.). 3: State v. Sailo , 910 S.W.2d 184, 188 (Tex. App.—Fort Worth 1999, pet. ref’d). 4: Stolte , 991 S.W.2d at 341 . 5: See Florida v. J.L. , 529 U.S. 266, 273-74 , 120 S. Ct. 1375, 1380 (2000) (holding that an anonymous tip must be corroborated to provide reasonable suspicion justifying an investigatory stop). 6: State v. Ross , 32 S.W.3d 853, 855 (Tex. Crim.
discussed Cited as authority (rule) Wendy Winborn v. State
Tex. App. · 2006 · confidence medium
See , e.g. , Hawes v. State , 125 S.W.3d 535, 540 (Tex. App.--Houston [1st Dist.] 2002, no pet.) (upholding detention based on tow truck driver's call to dispatch reporting erratic driving because tow truck driver was in traceable vehicle and was following defendant); Fudge , 42 S.W.3d at 232 (upholding detention based solely on cab driver's unsolicited in-person report to officer about erratic driving); Garcia , 25 S.W.3d at 913-14 (holding that reasonable suspicion existed after individual "flagged down" officer in parking lot and personally reported incident, even though informant later lef…
discussed Cited as authority (rule) Wendy Winborn v. State
Tex. App. · 2006 · confidence medium
See, e.g., Hawes v. State, 125 S.W.3d 535, 540 (Tex. App.—Houston [1st Dist.] 2002, no pet.) (upholding detention based on tow truck driver’s call to dispatch reporting erratic driving because tow truck driver was in traceable vehicle and was following defendant); Fudge, 42 S.W.3d at 232 (upholding detention based solely on cab driver’s unsolicited in-person report to officer about erratic driving); Garcia, 25 S.W.3d at 913-14 (holding that reasonable suspicion existed after individual “flagged down” officer in parking lot and personally reported incident, even though informant later…
discussed Cited as authority (rule) Christopher Joseph Hadley v. State
Tex. App. · 2006 · confidence medium
White, 496 U.S. at 328-29 , 110 S. Ct. at 2415 ; see Pipkin v. State , 114 S.W.3d 649, 654 (Tex. App.—Fort Worth 2003, no pet.) (holding facts relayed by cell phone caller adequately corroborated when caller was eyewitness to criminal behavior, provided detailed description and location of defendant’s vehicle, and made himself accountable by providing contact information to officer); State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.) (holding detailed information related by caller describing erratic driving and identifying suspect’s car and location, demonstrate…
cited Cited as authority (rule) Larry Wayne Yoakum v. State
Tex. App. · 2006 · confidence medium
State v. Stolte , 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.).
discussed Cited as authority (rule) Benjamin Juarez, Jr. v. State
Tex. App. · 2006 · confidence medium
App. 2005). 4: Id . at 492-93. 5: See Johnson v. State, 32 S.W.3d 294, 297 (Tex. App.—San Antonio 2000, pet. ref’d); State v. Stolte, 991 S.W.2d 336, 341 (Tex. App.—Fort Worth 1999, no pet.). 6: Stolte, 991 S.W.2d at 341 ; State v. Sailo, 910 S.W.2d 184, 188-89 (Tex. App.—Fort Worth 1995, pet. ref’d). 7: The court’s charge did not, as appellant asserts, instruct the jury that Officer Johnson had to observe appellant driving willfully and wantonly before making the stop.
cited Cited as authority (rule) Gansky v. State
Tex. App. · 2005 · confidence medium
Id. at 340.
The STATE of Texas, Appellant,
v.
Charles William STOLTE, Appellee
2-98-491-CR.
Court of Appeals of Texas.
Apr 8, 1999.
991 S.W.2d 336
Tim Curry, Criminal District Attorney, Charles Mallín, John A. Stride, Shawn Paschall, Elizabeth C. Jack, and Phelesa Guy, Assistant District Attorneys, Fort Worth, for Appellant., Law Office of David E. Williams and David E. Williams, Fort Worth, for Appel-lee.
Cayce, Day, Richards.
Cited by 121 opinions  |  Published

OPINION

SAM J. DAY, Justice.

Appellee Charles William Stolte was charged with driving while intoxicated (DWI). Prior to trial, Stolte filed a motion to suppress evidence, alleging that the search that led to his arrest was conducted without probable cause or reasonable suspicion, in violation of his rights under the Fourth and Fourteenth Amendments to the United States Constitution, Article I, section 9 of the Texas Constitution, and article 38.28 of the Texas Code of Criminal Procedure. [1] After a hearing on the motion, the trial court found that the arresting officer lacked reasonable suspicion for the stop and granted the motion to suppress.

In seven points, the State asserts that the trial court erred in its application of the United States and Texas Constitutions, in its application of article 38.23 and Chapter 14 of the Texas Code of Criminal Procedure, [2] in failing to follow this court’s prior decisions governing reasonable suspicion, and in effectively precluding a police officer from making an investigative stop based on an anonymous caller’s tip unless the officer first corroborates the suspect’s illegal conduct.

Because the trial court erred in granting Stolte’s motion to suppress, we sustain the State’s points on appeal and reverse the trial court’s order.

STANDARD OF REVIEW

Historically, a trial court’s decision involving a motion to suppress has been reviewed under an abuse of discretion standard. See Villarreal v. State, 935 S.W.2d 134, 138 (Tex.Crim.App.1996). However, where the underlying facts are undisputed, questions regarding the existence of reasonable suspicion and probable cause must now be reviewed de novo. See Guzman v. State, 955 S.W.2d 85, 87, 89 (Tex.Crim.App.1997). This is because the trial court is not in an appreciably better position than a reviewing court to apply the law to the uncontroverted facts of a case. See id. at 87. Because the facts before us are not in dispute, we review this case de novo.

BACKGROUND

On appeal, Stolte argues that an officer may not make an investigative stop based solely on an anonymous call that does not relate any of the details on which the caller based his opinion, unless the officer personally corroborates the report with other matters within the officer’s knowledge. Stolte argues that because the officer in this case did not see Stolte do anything out of the ordinary before pulling him over, the officer lacked reasonable suspicion to justify the stop.

At the hearing on Stolte’s motion to suppress, Bedford Police Officer Michael Kratky testified that on December 9, 1997, his dispatcher advised him that a cell phone caller had reported a suspected DWI. The dispatcher told Kratky that the suspect was traveling westbound on Highway 183 and was exiting at Bedford Road in a red and tan Chevrolet pickup, license plate number BV4-358. The dispatcher also told Kratky that the caller was following the suspect.

When Kratky arrived at the Bedford Road exit, he saw the pickup described by the dispatcher make a U-turn under the freeway. Kratky turned on his emergency lights and siren and stopped the pickup,[*340] which was driven by Stolte. Kratky testified that when he approached Stolte, he smelled the odor of alcohol coming from the vehicle and Stolte’s breath. Stolte’s eyes were watery and bloodshot and his speech was slurred. After Stolte failed three field sobriety tests, Kratky concluded that he was intoxicated and arrested him for DWI.

Kratky testified that in cases such as this, the dispatcher instructs the caller to stop behind the investigating officer’s vehicle and wait to be interviewed. Kratky said that the caller, who was later identified as David Cowell, followed the dispatcher’s instructions and stopped behind Kratky’s patrol car. Kratky said that he did not know Cowell before this incident.

Cowell also testified at the motion to suppress'hearing. He said that on December 9, 1997, he was traveling home on Highway 360 from his job as an air traffic control supervisor. As Cowell exited Highway 360 to westbound Highway 183, he noticed that traffic in the three left lanes was braking. He looked ahead to see if there was a wreck and noticed a pickup in the center of the three lanes going slower than the posted speed limit. Cowell said drivers were slowing down to get around the pickup, which he saw weave in and out of its lane seven or eight times. At one point, the pickup’s driver forced a passing car completely out of its lane and onto the shoulder.

Cowell waited until the pickup veered to the right and then passed it on its left. He testified that the pickup was a two-toned orange and tan Chevrolet. Believing that the pickup’s driver was a danger to himself as well as other drivers, Cowell noted the license plate number as he passed and called 911. He reached the Euless Police Department, which transferred him to the Bedford Police Department. Cowell told the dispatcher that he had seen a driver who he suspected was intoxicated traveling westbound on Highway 183. Cowell gave her a description of the pickup and the license plate number. When Cowell said he was still watching the vehicle, the dispatcher instructed him to keep her updated on the pickup’s location. Cowell testified that as he passed different streets or businesses, he informed the dispatcher. Noticing that the pickup’s driver seemed to be deliberately staying in the right-hand lane, Cowell correctly guessed that Stolte was about to exit at Bedford Road. Cowell pulled into the lane ahead of Stolte and exited before him. As Cowell pulled up to the stop light, he saw Stolte exit, make a U-turn, and go under the freeway, followed by a patrol car. Cowell circled the block and parked behind the patrol ear.

Cowell testified that except for a few. breaks when the dispatcher was talking to Kratky, he was constantly updating her on Stolte’s location. Cowell also said he had worked in law enforcement from 1978 to 1981, but he did not inform the dispatcher of that fact.

INVESTIGATIVE DETENTION

The issue in this case is whether the information relayed from Cowell to Kratky via a police dispatcher was legally sufficient to justify the investigative detention that led to Stolte’s arrest. [3] Law enforcement officers may stop and briefly detain persons suspected of criminal activity on less information than is constitutionally required for probable cause to arrest. See State v. Sailo, 910 S.W.2d 184, 187 (Tex.App.—Fort Worth 1995, pet. ref'd). The officer must have specific articulable[*341] facts which, in light of his experience and personal knowledge, together with inferences from those facts, would reasonably warrant the intrusion on the freedom of the citizen detained for further investigation. See id. at 187-88 (citing Johnson v. State, 658 S.W.2d 623, 626 (Tex.Crim.App.1983). The officer must have a reasonable suspicion that some activity out of the ordinary has occurred or is occurring, some suggestion to connect the person detained to the unusual activity, and some indication that the activity is related to a crime. See State v. Adkins, 829 S.W.2d 900, 901 (Tex.App.—Fort Worth 1992, pet. ref'd). The facts and circumstances that may provide a reasonable suspicion of criminal activity need not themselves be criminal in nature, but may include facts that in some way would increase the likelihood of the presence or occurrence of criminal activity. See Crockett v. State, 803 S.W.2d 308, 311 (Tex.Crim.App.1991); Rhodes v. State, 913 S.W.2d 242, 247 (Tex.App.—Fort Worth 1995), aff'd, 945 S.W.2d 115 (Tex.Crim.App.), cert. denied, — U.S. -, 118 S.Ct. 236, 139 L.Ed.2d 167 (1997).

The reasonableness of a given detention will turn on the totality of the circumstances in that particular case. See Woods v. State, 956 S.W.2d 33, 38 (Tex.Crim.App.1997); Sailo, 910 S.W.2d at 188. A tip by an unnamed informant of undisclosed reliability standing alone rarely will establish the requisite level of suspicion necessary to justify an investigative detention. See Alabama v. White, 496 U.S. 325, 329, 110 S.Ct. 2412, 2415-16, 110 L.Ed.2d 301 (1990). There must be some further indicia of reliability, some additional facts from which a police officer may reasonably conclude that the tip is reliable and a detention is justified. See id. The informant’s veracity, reliability, and basis of knowledge are highly relevant in determining the value of the caller’s report. See id.; Adkins, 829 S.W.2d at 901. “Reasonable suspicion ... is dependent upon both the content of information possessed by police and its degree of reliability.” White, 496 U.S. at 330, 110 S.Ct. at 2416. Both factors — the quality and quantity— must be taken into account in determining whether a detention is reasonable. See id.; Sailo, 910 S.W.2d at 188. “Thus, if a tip has a relatively' low degree of reliability, more information will be required to establish the requisite quantum of suspicion than would be required if the tip were more reliable.” See White, 496 U.S. at 330, 110 S.Ct. at 2416.

Corroboration by the law enforcement officer of any information related by the informant may increase the reliability of the information. See Sailo, 910 S.W.2d at 188. However, “corroboration” in this sense does not mean that the officer must personally observe the conduct that causes him to reasonably suspect that a crime is being, has been, or is about to be committed. See id. at 189. Rather, corroboration refers to whether the police officer, in light of the circumstances, confirms enough facts to reasonably conclude that the information given to him is reliable and a temporary detention is thus justified. See id.

Where the reliability of the information is increased, less corroboration is necessary. See White, 496 U.S. at 330, 110 S.Ct. at 2416. A detailed description of the wrongdoing, along with a statement that the event was observed firsthand, entitles an informant’s tip to greater weight. See Illinois v. Gates, 462 U.S. 213, 234, 103 S.Ct. 2317, 2330, 76 L.Ed.2d 527 (1983). So does the fact that the person put himself in a position to be held accountable for his intervention. See United States v. Sierra-Hernandez, 581 F.2d 760, 763 (9th Cir.), cert. denied, 439 U.S. 936, 99 S.Ct. 333, 58 L.Ed.2d 333 (1978). Furthermore, a person who is not connected with the police or who is not a paid informant is considered inherently trustworthy when he advises the police that he suspects criminal activity has occurred or is occurring. See id. at 763 n. 1; Sailo, 910 S.W.2d at 188.

[*342] The State compares this case to Glover v. State, in which the appellant complained that the police officer who stopped him lacked sufficient information to justify the investigative detention. See 870 S.W.2d 198, 200 (Tex.App.—Fort Worth 1994, pet. ref'd). The officer learned from a police broadcast that a medical technician in an ambulance had reported a DWI suspect driving a Corvette, license number FSP-89X, traveling in the officer’s direction. Id. at 199. The officer spotted a white Corvette being followed by an ambulance, gave chase, and pulled over the driver of the Corvette. Id. The ambulance continued on. Id. At the suppression hearing, the officer testified that he did not see the appellant driving erratically and stopped him only on the basis of the police broadcast. Id.

On appeal, we held that the officer had reasonable suspicion for the stop, noting that because the officer could be confident of learning the identity of the medical technician and because the medical technician could reasonably anticipate that his identity would be available to the police, this tip had sufficient indicia of reliability. Id. at 200. As a result, under the totality of the circumstances, the information the officer received from the broadcast was reliable and established reasonable suspicion to detain the appellant. Id.

In this case, Kratky testified that his dispatcher advised him that a cellular phone caller had reported a possible DWI and was following the suspect. The dispatcher reported that the suspect was traveling westbound on Highway 183 in a red and tan Chevrolet pickup, license plate number BV4-358, and was about to exit at Bedford Road. As Kratky approached Bedford Road, he confirmed that a westbound pickup matching the dispatcher’s description and license plate number was exiting at Bedford Road. Because the caller had given the license plate number, a specific description of the vehicle, and was continually updating the dispatcher on the location of the suspect’s vehicle, Kratky had every reason to believe that he was detaining the right person. Compare Glass v. State, 681 S.W.2d 599, 601 (Tex.Crim.App.1984) (holding that officer lacked reasonable suspicion to detain driver of vehicle at location of reported shooting that matched anonymous caller’s description; officer could not be sure he had the right vehicle because there was no evidence regarding how much time had passed since shooting).

Moreover, although he did not know the citizen-informant’s name, Kratky testified that in cases like this, it is standard procedure for the dispatcher to instruct callers to pull in behind the patrol car and wait to be contacted by an officer. Thus, Kratky knew that he could learn the identity of the citizen-informant who had called in the report. Likewise, Cowell undoubtedly knew that by calling the police and stopping at the scene, he was putting himself in a position to be held accountable for his intervention. See Sailo, 910 S.W.2d at 188. In addition, Cowell told the dispatcher that he was personally watching Stolte, which entitled the police to' give greater weight to the tip. See id.; Adkins, 829 S.W.2d at 901. Kratky also knew that the concerned citizen had remained on his cellular phone to track and report the suspect’s location, which lent credence to the caller’s veracity. These factors all increased the reliability of the information that Kratky received from his dispatcher. See Sailo, 910 S.W.2d at 188; Glover, 870 S.W.2d at 200.

As much as a bright-line rule would be desirable in determining the reasonableness of an investigative detention, common sense and ordinary human experience must govern over rigid criteria. See Rhodes, 945 S.W.2d at 118. Each case must be judged from the perspective of a reasonable officer at the time of the detention, rather than with the advantage of hindsight. Id. As a result, this inquiry would not be complete without also considering the urgency of the particular situation.

[*343] In this instance, the suspected offense involved an immediate threat to the public safety. Kratky, a 10-year veteran of the police force, was obviously aware of the danger that Stolte posed to both himself and other drivers if Cowell’s suspicions about Stolte’s inebriated state were accurate. Acting on the information he had at the time of the detention, without the benefit of hindsight, it was reasonable for Kratky to suspect that Stolte might be driving while intoxicated and to conclude that a brief detention was warranted to further investigate. Thus, in light of the totality of the circumstances, including both the important public and private interests involved, we hold that Kratky was justified in initiating an investigatory stop when he confirmed that a pickup was located where the informant indicated, which matched the description and license plate given. [4] Cf. Hulit, 982 S.W.2d at 438 (holding that, in light of public and private interests at stake, police acted reasonably in asking appellant to step out of vehicle to determine if he needed assistance, after he was discovered unconscious and slumped in his car on public highway).

CONCLUSION

After considering the totality of the circumstances, we hold that the information from the unknown citizen-informant was sufficiently reliable to justify the investigative stop and had been adequately corroborated by Kratky at the time of the detention. The investigative stop thus did not violate the state or federal constitutions, and the admission of evidence that was obtained from that detention did not contravene article 38.23 of the code of criminal procedure. Because the trial court erred in its application of the law to the facts of this case, Stolte’s motion to suppress should have been overruled. The State’s seven points on appeal are sustained.

The trial court’s order is reversed and this cause is remanded for trial.

1

. Article 38.23 provides that evidence obtained in violation of either the constitutions or laws of the United States or the State of Texas is inadmissible against the accused in any criminal case. See Tex.Code Crim. Proc. Ann. art. 38.23 (Vernon Supp.1999).

2

. Chapter 14 of the code of criminal procedure governs arrests made without a warrant. Tex.Code Crim. Proc. Ann. arts. 14.01-14.06 (Vernon 1977 and Supp.1999).

3

. The standard for investigative stops is the same under the Texas Constitution as under the United States Constitution. See Rhodes v. State, 945 S.W.2d 115, 117 (Tex.Crim.App.), cert. denied, — U.S. -, 118 S.Ct. 236, 139 L.Ed.2d 167 (1997) (citing Davis v. State, 829 S.W.2d 218 (Tex.Crim.App.1992)); compare Hulit v. State, 982 S.W.2d 431, 436 (Tex.Crim.App.1998) (holding that article I, section 9 of Texas Constitution does not offer greater protection than Fourth Amendment to United States Constitution and may offer less protection).

4

. Indeed, it would be wholly unreasonable, under these facts, to require a police officer to "corroborate” an informant’s tip by waiting for the suspect to swerve out of his lane or otherwise jeopardize the safety of other drivers.