The Fort Worth Court of Appeals graded the papers of an officer who made a traffic stop based on a driver crossing into another lane a single time by the width of a tire. How do you think it came out? Click here for the answer.

[This message was edited by JB on 08-15-08 at .]

This was newsworthy enough to publish? I thought this had been the law for years.

Apparently, the word didn't get out to everyone.

It was probably published on account of this statement by the Court:

quote:

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An officer's reasonable suspicion of an alleged traffic violation cannot be based on a mistaken understanding of traffic laws. United States v. Granado, 302 F.3d 421, 423 (5th Cir. 2002); Goudeau v. State, 209 S.W.3d 713, 716 (Tex. App. - Houston [14th Dist.] 2006, no pet.). And an officer's honest but mistaken understanding of the traffic law which prompted a stop is not an exception to the reasonable suspicion requirement. Goudeau, 209 S.W.3d at 716. Thus, Officer Knotts' misunderstanding that section 545.060(a) requires only crossing of the lane line - regardless of whether it is unsafe or dangerous to do so - will not support a reasonable suspicion.

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The State tried to rely upon 'reasonable suspicion' that a law violation had occurred as a way of getting around the 4th Amendment.

Gretchen, apparently it was a very important decision in the mind of the court. They determined to consider the issue en banc.