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Case Results for the Week of March 3, 2014 – Harris County and Fort Bend County

Department of Public Safety v. RR – License Suspension Hearing – DENIED – The trooper testified that he read the statutory warning to our client prior to requesting a breath sample which is required by law.  However, after he testified, the video of the stop was played for the judge and the video proved that he did not read the entire warning and never asked the client to submit a breath sample before the officer got a warrant to take his blood.

State v. JR – Resisting Arrest – DISMISSED – Police stopped client in the HOV lane for passing someone in the dead zone.  The officer searched the client after he refused consent because he had a bulge in his pocket. Client stated he was unemployed earlier and when questioned about the bulge, he answered to the officer that it was money. The officer reasoned that if the client was unemployed, then it couldn’t be cash. The officer claimed “based on his training and experience” he thought it was a gun wrapped in a paper towel.  The officer arrested him for resisting arrest when he place his hand on the officers’ arm when the officer reached into the clients pocket after refusing to consent to the search.