United States v. Frank J. Neal

Summary

Fifth Circuit affirmed denial of motion to suppress in DWI prosecution under Assimilative Crimes Act (18 U.S.C. § 13) incorporating Texas Penal Code § 49.04. Officers had reasonable suspicion of violating Texas Transportation Code § 545.060(a) when defendant's vehicle swerved across lane lines three times. Any mistaken belief that the statute required only failure to maintain lane, not unsafe movement, was objectively reasonable under *Heien v. North Carolina*, 135 S. Ct. 530 (2014).

Holdings

1. The officers had reasonable suspicion to stop Neal because his repeated lane crossings were sufficient evidence of unsafe lane movement under § 545.060(a), and alternatively any mistake of law regarding the statute's requirements was objectively reasonable.

Questions Presented

1. Whether the traffic stop was justified at its inception based on reasonable suspicion of a violation of Texas Transportation Code § 545.060(a), which requires failure to maintain a single lane and unsafe movement.

Disposition

affirmed