Texas v. Cortez (original by judge richardson)Annotate this Case
Appellee Jose Cortez was stopped by a State Trooper for unlawfully driving on the improved shoulder of the highway because the tires on Cortez’s minivan purportedly touched the white painted “fog line” separating the roadway from the shoulder. Upon searching Cortez’s vehicle, the Trooper found drugs and arrested Cortez. Finding that the Trooper did not have a lawful basis for the traffic stop, the trial court granted Cortez’s motion to suppress. The court of appeals upheld the trial court’s suppression order. The Texas Court of Criminal Appeals agreed the Trooper did not have a reasonable basis to stop Cortez’s vehicle, and affirmed the court of appeals' judgment.