Gonzales v. State
Gonzales v. State
Opinion of the Court
OPINION
delivered the opinion of the Court,
Before trial, Jimmy Gonzales filed a motion to suppress asserting that his seizure violated the Fourth Amendment of the U.S. Constitution and the Texas Constitution. The trial judge overruled the motion. The court of appeals affirmed and held the seizure was a reasonable exercise of the officer’s community-caretaking function. Holding that Gonzales’s motion to suppress was properly denied, we affirm the court of appeals’s judgment.
Background
At the hearing, Abilene Police Department Officer Adam Becker testified that just before 1:00 a.m. on August 27th, 2007, while sitting at a red light, he observed Gonzales’s vehicle pull off of the road and come to a stop on the shoulder just a short distance ahead. The area where Gonzales stopped was on the way out of town towards the neighboring town, with only a few businesses in the area, no houses nearby, and only light traffic passing by at that time of night. Believing the driver needed assistance, Officer Becker activated both his front-facing and rear-facing overhead red and blue lights to notify Gonzales that it was the police and not “some bad guy” who had pulled in behind him. As Officer Becker pulled onto the shoulder behind the vehicle, Gonzales began to drive away, but quickly stopped. Officer Becker stated that his sole reason for pulling in behind Gonzales was “to check on them, see if they had a flat tire, if everything was okay, if maybe they were lost” and “to see if he was ... having trouble, if he needed assistance.... ”
Officer Becker contacted Gonzales and asked him if everything was okay. While speaking with Gonzales he noticed a strong odor of alcohol coming from the vehicle and that Gonzales’s eyes were bloodshot and his speech was slurred. Officer Becker then began a driving-while-intoxicated investigation resulting in Gonzales’s arrest for that offense.
The trial judge denied Gonzales’s motion to suppress and concluded that, while Officer Becker “did not have a reasonable suspicion or probable cause to believe that an offense had been committed,” he “was concerned that the operator of the vehicle might need assistance” and that this belief was reasonable. The trial court entered findings of fact and conclusions of law supported by the record. Gonzales subsequently pleaded guilty to driving while intoxicated and was sentenced and placed on community supervision for five years.
On appeal, Gonzales asserted that he was seized when Officer Becker activated his emergency lights and that his seizure was not a reasonable exercise of Officer Becker’s community-caretaking function. The court of appeals held that the use of Officer Becker’s emergency lights constituted a seizure, but that the seizure was permissible under the community-earetak-ing exception.
Discussion
A. Standard of Review for Suppression Motions
B. The Fourth Amendment and the “Community Caretaking Function”
“The Fourth Amendment [of the United States Constitution] proscribes all unreasonable searches and seizures, and it is a cardinal principle that ‘searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment — subject only to a few specifically established and well-delineated exceptions.’ ”
In recognizing the community-caretaking function as an exception, we stated in Wright v. State that “[a]s a part of his duty to ‘serve and protect,’ a police officer may stop and assist an individual whom a reasonable person, given the totality of the circumstances, would believe is in need of help.”
To determine the reasonableness of the police officer’s belief that an individual needs assistance, we proposed a non-exclusive list of factors that courts may consider: (1) the nature and level of the distress exhibited by the individual; (2) the location of the individual; (3) whether or not the individual was alone and/or had access to assistance independent of that offered by the officer; and (4) to what extent the individual — if not assisted — presented a danger to himself or others.
C. Analysis
Because neither party contests the court of appeals’s holding that Gonzales was seized, we assume, without deciding, that Gonzales was seized under the Fourth Amendment. Gonzales petitioned this Court’s review of the following issue: “When an officer undertakes a ‘community caretaking’ stop of a motor vehicle, but, prior to the stop, changes his mind about the need to investigate the driver’s well being, is a subsequent detention and arrest illegal?”
Despite Gonzales’s framing of this issue, the focus of his argument is whether Officer Becker’s exercise of his community-caretaking function was reasonable, and it centers on the court of appeals’s alleged
Officer Becker observed discernible indi-cia of distress upon seeing Gonzales pull off the highway around 1:00 a.m. Although he did not know the exact nature of Gonzales’s distress, it was reasonable, based on the inferences from his observations and the circumstances surrounding Gonzales’s stop, for Officer Becker to believe that when Gonzales pulled off the road at this hour he was experiencing distress— mechanical, health-related, or otherwise. In evaluating reasonableness in this context, courts have never required an officer to know, with any degree of certainty, the specific distress an individual may be suffering.
• It was not “heavily populated;”
• it was on the way out of town towards the neighboring city;
• there were no houses nearby;
• there were only a few businesses in the area; and
• there was minimal traffic on the highway at that hour.
The third and fourth Wright factors respectively weigh whether Gonzales was alone or had access to assistance apart from Officer Becker’s and to what extent Gonzales, if not assisted, presented a danger to himself or others. The record is unclear whether Officer Becker knew, or could even see, how many people were in Gonzales’s vehicle. But as to Gonzales’s access to assistance, the record is clear that Gonzales’s location, the time of night, and the light traffic passing by significantly limited his access to assistance.
The fourth Wright factor’s application to these facts is less straight-forward. We find that this factor should be afforded little weight in light of the unique facts presented by this record. While Officer Becker witnessed indicia of distress, he was unaware of Gonzales’s precise distress, much less whether the distress rose to a level of danger to Gonzales or others. As applied here, this factor would force us to assume that danger always accompanies witnessed distress. But in this case, Officer Becker could have reasonably concluded that Gonzales was suffering from distress resulting from car trouble, a flat tire, or running out of gas — a distress no less significant to an officer’s function as a public servant.
Conclusion
We hold that Officer Becker reasonably exercised his community-caretaking function in seizing Gonzales because, under the totality of the circumstances, it was reasonable to believe Gonzales was in need of help.
. Gonzales v. State, 342 S.W.3d 151, 153-54 (Tex.App.-Eastland 2011).
. State v. Garcia-Cantu, 253 S.W.3d 236, 241 (Tex.Crim.App. 2008).
. Guzman v. State, 955 S.W.2d 85, 89 (Tex.Crim.App. 1997).
. State v. Woodard, 341 S.W.3d 404, 410 (Tex.Crim.App. 2011) (quoting Garcia-Cantu, 253 S.W.3d at 241).
. Guzman, 955 S.W.2d at 89.
. Id.
. Woodard, 341 S,W.3d at 410; Kothe v. State, 152 S.W.3d 54, 62-63 (Tex.Crim.App. 2004).
. Mincey v. Arizona, 437 U.S. 385, 390, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978) (citing Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967)).
. Cady v. Dombrowski, 413 U.S. 433, 441, 447-48, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973).
. Id. at 339, 93 S.Ct. 2523.
. Wright v. State, 7 S.W.3d 148, 151 (Tex.Crim.App. 1999) (emphasis in original).
. Corbin v. State, 85 S.W.3d 272, 277 (Tex.Crim.App. 2002).
. Id.
. Wright, 1 S.W.3d at 151-52.
. Corbin, 85 S.W.3d at 277.
. Id.
. Id. at 277 n. 6
. Accord U.S. v. Rodriguez-Morates, 929 F.2d 780, 785 (1st Cir. 1991) ("In community care-taking cases, as elsewhere, reasonableness has a protean quality. The term, embodies a concept, not a constant. It cannot be usefully refined ‘in order to evolve some detailed formula for judging cases.' ”) (citing Cady, 413 U.S. at 448, 93 S.Ct. 2523).
. Pet. for Discretionary Review 3; Appellant's Brief at 6.
. See Corbin, 85 S.W.3d at 277 (holding that, "The trial court, as the exclusive judge of credibility and finder of fact, could have con-eluded that [the officer] was primarily motivated by community caretaking concerns.”),
. Appellant's Brief 10.
. See, e.g., Corbin, 85 S.W.3d at 278 (examining whether the “indications” of distress were sufficient); Kuykendall v. State, 335 S.W.3d 429, 435 (Tex.App.-Beaumont 2011, pet. ref’d) (finding reasonableness in officers’ making contact "to make sure the driver is okay, make sure they are not having any kind of medical problem.... If they are broke down.”).
. See A.B.A., Criminal Justice Section, Standards on Urban Police Function, 1-2.2 (2d ed. 1980), available at htlp://www.american bar.org/publications/criminal_justice_section_ archive/crimjust_standards_urbanpolice.html ("In assessing appropriate objectives and priorities for police service, local communities should initially recognize that most police agencies are currently given responsibility, by design or default, to:
[[Image here]]
(e) facilitate the movement of people and vehicles
[[Image here]]
*857 (i) create and maintain a feeling of security in the community
[[Image here]]
(k) provide other services on an emergency basis.”)
. See Wright, 7 S.W.3d at 151.
Dissenting Opinion
dissenting in which
PRICE, J., joined.
An officer cannot investigate to see if community caretaking is needed — he must actually observe a threat to the general public before he can investigate. The majority cites the following factors from Wright v. State, 7 S.W.3d 148, 152 (Tex. Crim.App. 1999), which it says are relevant to the determination of whether an officer acted reasonably in a community-caretak-ing stop: (1) the nature and level of the distress exhibited by the individual; (2) the location of the individual; (3) whether or not the individual was alone and/or had access to assistance independent of that offered by the officer; and (4) to what extent the individual — if not assisted — presented a danger to himself or others. The majority says the fourth Wright factor “should be afforded little weight in light of the unique facts presented by this record.” However, the consideration of whether the individual presents a danger to himself or others is the crux of the community-care-taking function by the police. Here, (1) Appellant exhibited no distress at all; (2) he was located safely on the shoulder of the road at a time when there was very little traffic, so no possibility of danger to other drivers; (3) the officer could not tell if Appellant was alone, and; (4) he presented no danger to himself or others.
In order to invoke a community-caretak-ing role, an officer must observe activity that puts the well-being of the general public at risk. Someone who has safely pulled over on the side of the road may be looking at a map, talking on a cell phone, sending a text message, or picking up an item dropped on the floor of the car. I understand, of course, that he could also be having medical problems or car trouble. But here, Appellant gave no indication that he was in distress or needed help, and he had done nothing that should make the officer concerned for the safety of the general public. All the officer knew was that Appellant had briefly pulled over, at night, in an out-of-the-way location. The officer had no idea why Appellant pulled over. But, what the officer does not know cannot render the stop reasonable. The majority appears to convert the officer’s ignorance into a rationale for saying that his caretak-ing concern was justified. The officer was investigating to see what Appellant was doing, without any reason to think that there was something wrong. That, quite obviously, is a violation of the Fourth Amendment. The majority sets a dangerous precedent here by basically saying that an officer may investigate a person’s harmless activities without observing any danger or distress.
Reference
- Full Case Name
- Jimmy GONZALES, Appellant, v. the STATE of Texas
- Cited By
- 151 cases
- Status
- Published