TX Blue Line Network

20/09/2023

Today the Texas Department of Public Safety released the latest DIC 25 and DIC 57 to accompany the latest legislative update.

New DIC 25 & DIC 57 Posted on September 19, 2023 Today the Texas Department of Public Safety released the new DIC 25 and DIC 57 in compliance with the latest legislative update. DIC 25 DIC 57 As a reminder with the 2023 Legislative Update you are no longer required to seize a drivers license when co...

10/06/2023

Resource for what each state's license plates look like.

Shown here are the highest license plate numbers observed, contributed by hobbyists who research and collect license plates from around North America and beyond. The High Road is featured in each issue of PLATES Magazine.

29/01/2023

It is important to remember that QR codes are easy to make online. If you encounter a potentially fictitious Texas temporary tag not to dismiss it because the QR code scans correctly. Be aware of all of the countermeasures.

Do not trust QR code on new Texas temporary tags Posted on January 29, 2023 It is important to remember that QR codes are easy to make online. If you encounter a potentially fictitious Texas temporary tag not to dismiss it because the QR code scans correctly. Be aware of all of the countermeasures.

17/12/2022

September 2021 Legislative update added additional leeway for the ex*****on of blood search warrants in adjacent counties. This is especially helpful for agencies that reside in multiple counties. An example of this would be you make an arrest in County A but the hospital where the blood draw is to be conducted is in County B. A search warrant in County A can still be executed in County B as long as the counties are adjacent and the officer executing the arrest warrant has arrest powers within County B.

Art. 18.067. EX*****ON OF WARRANT FOR BLOOD SPECIMEN IN INTOXICATION OFFENSE. Notwithstanding any other law, a warrant issued under Article 18.02(a)(10) to collect a blood specimen from a person suspected of committing an intoxication offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code, may be executed:
(1) in any county adjacent to the county in which the warrant was issued; and
(2) by any law enforcement officer authorized to make an arrest in the county of ex*****on.

Ex*****on of blood search warrants in adjacent counties. Posted on December 17, 2022 September 2021 Legislative update adds additional leeway for the ex*****on of blood search warrants in adjacent counties. This is especially helpful for agencies that reside in multiple counties. An example of this....

22/11/2022

List of case laws establishing the legal standards for traffic stops.

Case Laws Establishing Basis for Traffic Stop Posted on November 21, 2022 This list provides a great reference for case laws establishing the legal standard for traffic stops. It was provided by TDCAA and posted with their permission. V. Basis for Vehicle Stop – Legal Standard Stone v. State, 685 ...

17/11/2022

Texas Department of Motor Vehicles has announced a major design change to Texas temporary tags. The changes will go into effect 12/09/2022.

The full press release with design changes can be viewed here:
https://www.txblueline.com/?p=67

13/11/2022

Commonly abused RX Drugs with associated penalty group for reference.

Commonly Abused Rx with Texas Penalty Group Posted on November 13, 2022 Drug CategoryCommercial NameNarcotic NamePenalty GroupBarbituratesAmytalAmobarbitalPenalty Group 3NembutalPentobarbital sodiumPenalty Group 3SeconalSecobarbitalPenalty Group 3LuminalPhenobarbitalPenalty Group 3BenzodiazepinesAti...

29/10/2022

Investigators said the suspected intoxicated driver was going at least 100 mph at the time of the crash.

15/10/2022

The MADD/NHTSA Region 6 Summit will be at Space Center Houston on December 7, 2022.

The summit is free, and a limited number of lodging scholarships are available.

Please use the QR code or the online registration link to register:
https://form.jotform.com/222024874444050

09/08/2022

Need to contact a rental company in regards to a vehicle you have stopped? Updated car rental 24 hr Police Contacts.

https://www.txblueline.com/vehicle-rental-police-contacts/

AVIS NLETS Registration Name: PV Holding Brands: Avis, Budget, Payless, Zipcar, Budget Truck Rental Police 24 hr Assistance: 800-533-9056 Enterprise NLETS Registration Name: EAN Holdings Brands: Enterprise, Alamo, National, Enterprise Truck Rental Police 24 hr Assistance: 866-279-2060 Hertz NLETS Re...

06/08/2022

Texas Peace Officer DWI Statutory Warning (DIC 24) - Spanish Translation.

17/07/2022

The Texas 1st Court of Appeals recently reviewed whether the State had to prove both elements of Texas Transportation Code 545.060(a).

(a) An operator on a roadway divided into two or more clearly marked lanes for traffic:
(1) shall drive as nearly as practical entirely within a single lane; and
(2) may not move from the lane unless that movement can be made safely.

The Court ruled that yes, both elements must be met.

Munoz v. State

No. 01-20-00469-CR 6/28/22
We first address the requirements of section 545.060(a). The plain language of section 545.060(a) compels the conclusion that it creates a single offense. See Daniel, 641 S.W.3d at 493. Section 545.060 requires that “[a]n operator on a roadway divided into two or more clearly marked lanes for traffic: (1) shall drive as nearly as practical entirely within a single lane; and (2) may not move from the lane unless that movement can be made safely.” TEX. TRANSP. CODE § 545.060(a) (emphasis added). The two clauses are joined by the conjunctive “and,” which means that to violate the section, a motorist must both fail to drive as nearly as practical within a single lane and fail to make that movement safely. See Daniel, 641 S.W.3d at 493 (stating if the Legislature had intended a different result, it could have used the disjunctive “or” to separate the clauses). Having concluded that the State must prove that there was reasonable suspicion that Munoz failed to maintain his lane and that he did so unsafely, we turn to evaluation of the record for reasonable suspicion.

https://www.txblueline.com/?p=65

Failure to maintain single marked lane, both elements must be met. Posted on November 13, 2022 The Texas 1st Court of Appeals recently reviewed whether the State had to prove both elements of Texas Transportation Code 545.060(a). (a) An operator on a roadway divided into two or more clearly marked l...

17/06/2022

NEW DWI CASE LAW:

Texas Courts of Appeals
Martinez v. State
No. 01-20-00760-CR 6/14/22
Issue:

Can two curb strikes, combined with other circumstances surrounding a suspect’s driving, give an officer reasonable suspicion that the suspect might be drunk, even if dashcam footage is ambiguous?
Holding:

Yes. The Court noted that two courts of appeals in unpublished opinions have found curb strikes to be sufficient reasonable suspicion to support a drunk driving stop, and another court of appeals has concluded that a driver’s near miss of a curb may give rise to a reasonable suspicion that a driver may be intoxicated. The Court also concluded that the “dashcam footage is not the kind of indisputable visual evidence that would allow us to disregard [the officer’s] testimony that he saw Martinez strike the curb twice. Admittedly, the footage does not show that Martinez struck the curb. But the footage also does not refute that he did so.” Read opinion.
Commentary:

This is a decision that could be helpful to prosecutors in traffic-stop cases, especially where a curb strike is involved or when a prosecutor is confronted with non-conclusive video evidence that allegedly is different from an officer’s testimony. Since the dash-cam video footage in this case did not clearly refute the officer’s testimony, the trial judge was free to find in favor of the officer’s testimony, and the court of appeals was free to defer to the trial judge’s determination.

12/04/2022

From TxDMV:

Elimination of the Recycling of Temporary Tag Patterns
Texas Department of Motor Vehicles sent this bulletin at 04/07/2022 04:36 PM CDT
Please review and distribute as appropriate.

The Texas Department of Motor Vehicles (TxDMV) is eliminating the practice of recycling temporary tag patterns. This change aims to assist law enforcement who come across duplicate records upon querying a temporary tag in TLETS.

To assist in this effort, the TxDMV is in the process of updating the pattern sequence for temporary tags issued through eTAG first. The existing pattern will be updated as follows:

Current Beginning Pattern: 00001A1
Current Ending Pattern: 99999Z9

New Beginning Pattern: 0000A11
New Ending Pattern: 9999Z99



This enhancement to temporary tags will be deployed the week of April 11, 2022, and will ensure tag patterns are not duplicated in the future. Internet down tags printed prior to the change will contain the previous pattern and are still valid.

Thank you,



Roland D. Luna, Sr., Director
Vehicle Titles and Registration Division
Texas Department of Motor Vehicles

25/03/2022

https://helpahero.com/campaign/slpd-officer-munoz-in-critical-condition

On the morning of Sunday, March 20, SLPD Officer Ruben Munoz was involved in a series of car crashes on U.S. 59 southbound near Highway 90 Alternate.Sugar Land officers were initia...

13/03/2022

Does the registered owner of the vehicle having a suspended license justify a reasonable suspicion stop? Yes.

The case that set the standard was Kansas v. Glover 589 US _ (2020).

JUSTICE THOMAS delivered the opinion of the Court.
This case presents the question whether a police officer
violates the Fourth Amendment by initiating an investigative traffic stop after running a vehicle’s license plate and learning that the registered owner has a revoked driver’s license. We hold that when the officer lacks information negating an inference that the owner is the driver of the
vehicle, the stop is reasonable.

18/02/2022

Added chart with commonly abused prescription medications with associated Texas Penalty Groups.

https://www.txblueline.com/commonly-abused-prescription-medications-with-tx-penalty-group/

Commercial Name Narcotic Name Penalty Group Barbiturates Amytal Amobarbital Penalty Group 3 Nembutal Pentobarbital sodium Penalty Group 3 Seconal Secobarbital Penalty Group 3 Luminal Phenobarbital Penalty Group 3 Benzodiazepines Ativan Lorazepam Penalty Group 3 Halcion Triazolam Penalty Group 3 Libr...

13/02/2022

Reminder for todays game.

05/02/2022

DWI Case Law Scenario:

An officer is tasked with working the bar district during the July 4th celebrations. While stopped at a traffic light with his windows rolled down he sees a car pull up next to him. The other car has its passenger side window rolled down as well. The officer sees a female in the front passenger seat who is passed out and appears to be unconscious. The officer can smell alcohol coming from inside of the vehicle. The officer calls out to the driver and asks if the passenger is ok. The driver ignores the officer and proceeds through the traffic light. The officer, concerned for the welfare of the passenger conducts a traffic stop on the car. The officer finds the passenger highly intoxicated and calls for EMS, but treatment is ultimately refused. During the stop, the driver is arrested for Driving While Intoxicated.

So despite not having reasonable suspicion of a criminal offense or an observed traffic violation was the officer wrong in stopping the car? No, the officer properly engaged in the "Community Care-taking" function. The case is Byram v. State, 510 S.W.3d 918 (Tex. Crim. App. 2017).

An important quotation from the opinion of the court:

"As part of his duty to ‘serve and protect,’ a police officer may stop and assist an individual whom a reasonable person—given the totality of the circumstances—would believe is in need of help." Wright v. State , 7 S.W.3d 148, 151 (Tex. Crim. App. 1999). However, because the reasonableness of a community-caretaking seizure sprouts from its dissociation from the competitive enterprise of ferreting out crime, "a police officer may not properly invoke his community caretaking function if he is primarily motivated by a non–community caretaking purpose." Corbin v. State, 85 S.W.3d 272, 276–277 (Tex. Crim. App. 2002). Determining whether an officer may properly invoke his community-caretaking function is thus "a two-step inquiry: (1) whether the officer was primarily motivated by a community-caretaking purpose; and (2) whether the officer's belief that the individual needed help was reasonable." Gonzales v. State , 369 S.W.3d 851, 854–55 (Tex. Crim. App. 2012). “

https://www.txblueline.com/index.php/Texas_Case_Laws

This stop was based solely on a 9-1-1 call from a bartender who stated that an intoxicated person had just driven away from the bar after being denied service and who refused to take a cab. The defendant argued that the stop was improper based on a conclusory statement made by the bartender. The cou...

28/01/2022

Case Law Scenario:

A vehicle is stopped for expired license plates. The officer that stopped the vehicle ordered the driver to step out of the vehicle with his driver's license and registration paperwork. While the driver is stepping out of the vehicle a bulge is noticed under the jacket of the driver. The officer pats down the driver for weapons and a gun is located. The driver is found to be prohibited from possessing a firearm. The driver is arrested for possession of the firearm.

Was ordering the driver to exit the vehicle valid if the officer lacked reasonable suspicion?

Yes, this case is Pennsylvania v. Mimms 434 U.S. 106 (1977). This was a landmark case for officer safety.

Held:
"The order to get out of the car, issued after the respondent was lawfully detained, was reasonable, and thus permissible under the Fourth Amendment. The State's proffered justification for such order -- the officer's safety -- is both legitimate and weighty, and the intrusion into respondent's personal liberty occasioned by the order, being, at most, a mere inconvenience, cannot prevail when balanced against legitimate concerns for the officer's safety."

https://txblueline.com/index.php/Case_Law_for_Cops

We aim to be an information portal for all things Texas Law Enforcement. Officers face the daunting task of remembering and referencing an endless amount of information. Our goal is to make that task quicker and easier through crowdsourcing. This site is curated by its readers. If you have some usef...

22/01/2022

Miranda v. Arizona established the Miranda warning for suspects during a custodial interrogation. Often the question is, what constitutes custody? The United States Supreme Court has imposed two questions in determining custody. Thompson v. Keohane, 516 U.S. 99, 112 (1995)

What were the circumstances surrounding the investigation;
Given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave?

The Texas Court of Criminal Appeals established under Dowthitt v. State, 931 S.W.2d 244, 255 four additional factors when determining custody.

When the suspect is physically deprived of his freedom of action in any significant way.
When a law enforcement officer tells the suspect that he cannot leave.
When law enforcement officers create a situation that would lead a reasonable person to believe his freedom of movement has been significantly restricted.
When there is probable cause to arrest and law enforcement officers do not tell the suspect he is free to leave. The knowledge probable cause must be manifested

Concerning the fourth situation, the officers' knowledge of probable cause must be manifested to the subject, and such manifestation could occur if information sustaining the probable cause is related by the officers to the suspect or by the suspect to the officers. Miller v. State, 196 S.W.3d 256, 265. The Miller case uses the example of Ruth v. State, 645 S.W.2d 432, 436 which held that a suspects "statement that he had shot the victim immediately focused the investigation on him and furnished probable cause to believe that he had committed an offense;

https://www.txblueline.com/example-miranda-warning/

Under Texas Law I am required to inform you as follows: You have the right to remain silent and not make any statement at all and that any statement that you make may be used against you at your trail.Any statement that you make may be used as evidence

18/01/2022

DWI Case Law Scenario:

An intoxicated driver gets lost in a private neighborhood that is access controlled with a gate and a guard. The driver flags down a passerby and says he is lost and is having trouble getting out of the neighborhood. The passerby, believing the driver is intoxicated calls the Police, and a officer is dispatched. The officer locates the car and a DWI investigation is conducted. Does the private neighborhood satisfy the "public place" requirement for a DWI arrest?

If under the right set of circumstances anyone could gain access, it satisfies the public place requirement. State v. Gerstenkorn, 239 S.W.3d 357 (Tex. App. 2007), Woodruff v. State, 899 S.W.2d 443

16/01/2022

DWI Case Law Scenario: A vehicle stalled in a moving lane of traffic on a multi-lane highway. The driver of the vehicle is standing next to the driver's door and is believed to be intoxicated. There are no other occupants and the driver admits to driving. Field sobriety tests are conducted and the driver is placed in custody for driving while intoxicated. During the investigation, the driver admits multiple times he is the driver. Are the statements of the driver enough to "wheel" the driver for a DWI arrest?

The statements alone, no. Independent evidence to support the confession of the driver is needed. Taylor v. State 572 S.W.3d 816 (2019).

https://www.txblueline.com/index.php/Texas_DWI_Case_Laws

The parking lot was a common area for the complex. The manager of the complex testified that the entire complex was surrounded by a metal fence that the complex had between 200 and 300 residents, and that the parking lot was a common area for the complex. When a resident moved into the complex, the....

13/01/2022

Save the date! The 2022 Impaired Driving Forum will take place virtually on February 23rd. Register today at http://ow.ly/ye3350HaUph!

27/12/2021

Welcome to TX Blue Line Network. We aim to be an information portal for all things Texas Law Enforcement. Officers face the daunting task of remembering and referencing an endless amount of information. Our goal is to make that task quicker and easier through crowdsourcing.

27/12/2021