Abney v. Texas (Original)

Appellant Rickey Dewayne Abney filed a motion to suppress evidence after he was found in possession of marijuana during a traffic stop. The trial court denied the motion, and Appellant subsequently pled nolo contendere to the marijuana possession charge. He was sentenced to fifteen days in county jail. Appellant appealed the conviction, and the court of appeals held that the trial court did not err by denying his motion to suppress. Appellant filed a petition for discretionary review, which the Supreme Court granted to determine whether the court of appeals erred when it held that the officer had reasonable suspicion to stop Appellant for the traffic code violation of driving in the left lane without passing. Having determined that the officer did not provide specific, articulable facts that would lead him to reasonably suspect that Appellant was engaged in a traffic offense, the Court concluded that the court of appeals erred in holding that the trial court properly denied Appellant's motion to suppress.