Court of Criminal Appeals of Texas
Gerardo Lujan, Appellant v. the State of Texas
January 12, 20112011 Tex. Crim. App. LEXIS 2
Summary
The Court of Criminal Appeals of Texas held that the checkpoint where Lujan's vehicle was stopped was lawful because its primary purpose was to verify drivers' licenses and insurance, not general crime control, and therefore affirmed the trial court's denial of the motion to suppress. The Court applied an abuse‑of‑discretion standard to review the trial court's decision and concluded that the trial court's implicit findings were supported by the record. A dissent argued the checkpoint was a general‑crime‑control operation and should be unconstitutional, while a concurrence agreed with the judgment but emphasized that the drug evidence would have been discovered regardless of the checkpoint's purpose.