Is Driving Slowly Down a Dirt Road “Evading” the Police in Texas?

It is a criminal offense in Texas to evade a police officer who is lawfully trying to detain you. Specifically, Section 38.04 of the Texas Penal Code states a person commits a felony if they “intentionally flee[] from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.” The word “lawfully” here is key. In charging a person under Section 38.04, prosecutors must prove, beyond a reasonable doubt, that the arresting officer had lawful grounds to detain or arrest the defendant in the first place.

Court of Criminal Appeals Overturns Conviction

The Texas Court of Criminal Appeals recently overturned a Section 38.04 conviction because the state failed to meet this burden. This case, Hernandez v. State, began with a 911 call late one evening in March 2020. The caller reported what she described as a “suspicious four-door Chevrolet driving at a slow speed in a rural area of Willacy County.” Thirty minutes later, a local police officer arrived at the scene.

The officer only saw one vehicle on the road, a truck that was not a Chevy Silverado. The truck was driving down a dirt road. The officer followed and activated his emergency lights. The driver of the truck, the defendant in this case, continued driving slowly down the dirt road without stopping. About 4 minutes later, the defendant stopped the truck at what was the entrance to his brother’s property.

The officer exited his vehicle and started to question the defendant. Following a brief argument, the officer tased the defendant and arrested him. A grand jury subsequently indicted the defendant with evading arrest in a motor vehicle. At trial, the officer explained his actions further. He testified there had been a “lot of incidences of human smuggling” in Willacy County, and that made him suspicious of the defendant. And while the defendant’s vehicle did not match the 911 caller’s description, the officer “figured” it must have been the same vehicle.

The jury found the defendant guilty of felony evasion. The case eventually made its way to the Court of Criminal Appeals (CCA). The CCA agreed with the defendant that the state failed to prove “beyond a reasonable doubt” that the officer’s investigative detention of the defendant was legal. The Court therefore reversed the defendant’s conviction and entered an acquittal.

Put simply, the CCA concluded the officer lacked “reasonable suspicion” to stop the defendant. All the officer saw was someone “driving a truck slowly on a dirt road at night.” That was not sufficient evidence to suggest possible criminal activity. The officer’s “personal knowledge that this particular area was known for human trafficking” was also not a valid reason to detain the defendant. And then, of course, there was the fact the 911 caller identified a vehicle that did not match the defendant’s truck.

Contact a San Marcos Criminal Defense Lawyer Today

Obviously, you should never intentionally try to evade the police or lead officers on a chase through traffic. But if you are simply driving your vehicle normally and minding your own business, you have the right to expect the police will not arbitrarily detain you without valid cause. If you find yourself in a situation where you are facing charges, however, and need legal advice from a qualified San Marcos criminal defense attorney, contact The Law Offices of David C. Hardaway today at 512-805-6613 to schedule a consultation.

Source:

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