Court of Criminal Appeals of Texas

Ryan Foster, Appellant v. the State of Texas

December 8, 20102010 Tex. Crim. App. LEXIS 1616

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals and affirmed the trial court, holding that the officers had reasonable suspicion to detain Foster for DWI based on time, location, officer experience, and erratic driving, and rejecting the discredited ‘as consistent with innocent activity as with criminal activity’ test.