Corbin v. State

In Corbin v. State, 85 S.W.3d 272 (Tex. Crim. App. 2002), the officer observed the appellant cross onto the shoulder of the road for approximately twenty feet while traveling at fifty-two miles an hour, thirteen miles an hour under the speed limit. Id. at 274. Concerned that the appellant was drunk or sleepy, and thus in need of assistance, the officer turned on his overhead lights, and the appellant pulled over without difficulty. Id. After asking the appellant to step out of his vehicle, the officer patted the appellant down and eventually discovered a package of cocaine taped to appellant's back. Id. The Court applied the factors set forth in Wright and concluded that the officer's exercise of his community caretaking function was not reasonable. Id. at 277-78.