State v. Kurtz

In State v. Kurtz, 111 S.W.3d 315 (Tex.App.-Dallas 2003), aff'd, 152 S.W.3d 72 (Tex.Crim.App. 2004), a police officer from the City of Plano observed defendant's car cross the right lane onto the improved shoulder of the highway and cross from the shoulder to the lane and back again several times while driving in the City of Frisco. While he was outside the geographic limits of his jurisdiction, the officer stopped the defendant based solely on the traffic violations. When the officer approached defendant, he smelled evidence of intoxication and arrested him for driving while intoxicated. Because the officer originally stopped defendant solely for a traffic violation, and was unaware of the commission of any offense of driving while intoxicated until after the stop when he approached the driver, the Court of Criminal Appeals held the evidence of intoxication had to be suppressed because the officer was out of his jurisdiction and without authority to make the initial traffic stop under either article 14.03 (d) or (g)(1). Kurtz, 152 S.W.3d at 79-80. The Court found there was an unlawful detention because the officer did not know the felony offense of driving while intoxicated was being committed in his "presence or view" until after he stopped the driver for a traffic violation. Id.