YEAR 2005 CASE SUMMARIES

By
The Honorable Pat Garza
Associate Judge
386th District Court
San Antonio, Texas

2005 Summaries     2004 Summaries     2003 Summaries     2002 Summaries     2001 Summaries     2000 Summaries     1999 Summaries

Traffic stop not considered custody, therefore warning requirements of Miranda and TFC §51.095 were not required.[In the Matter of R.A.](05-4-4)

On June 15, 2005, the Austin Court of Appeals held that this (case-by-case) routine traffic stop was "presumptively temporary and brief" and as a result, non-custodial, and questions asked by the officer were not considered custodial interrogation.

05-4-4. In the Matter of R.A., ___ S.W.3d ___, No. 03-04-00483-CV, 2005 Tex.App.Lexis 4663 (Tex.App.— Austin, 6/15/05). rel for pub. 8/19/05

Facts & Opinion: see ¶ 05-3-13.

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