Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Fountain v. State

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

After Gary Wayne Fountain pleaded nolo contendere to the misdemeanor offense of Driving While Intoxicated (DWI), he was convicted and assessed a probated sentence, the terms of which include suspension of his incarceration in the Liberty County Jail for a term of one year. Complaining of the trial court’s denial of a pre-trial written motion to suppress ruled on prior to his plea of nolo contendere, Fountain appeals his conviction via a designation in his notice of appeal. See Tex. R. App. P. 25.2(b)(3). Fountain’s appellate issues complain that the deputies involved in the initial investigation lacked authority to detain him, and that the detention was rendered illegal because the Liberty County deputy who ultimately detained appellant was outside his jurisdiction, had no warrant, and observed no criminal offense.

It is unclear from either a reading of Fountain’s written motion to suppress or from an examination of the testimony before us exactly what “evidence” Fountain was requesting the trial court to suppress in connection with the charged offense. The written motion cryptically refers to the “seizure of the vehicle of the Defendant,” but we are not told in what way Fountain’s vehicle was used in his prosecution. Furthermore, the record is also silent as to which law enforcement agency transported Fountain to what facilities or how Fountain eventually was charged with DWI, except that Liberty County ultimately prosecuted him for DWI. At any rate, the transcribed recorder’s record before us of the suppression hearing is an abbreviated one. Said record contains the testimony of Deputy Scott Paske of the Polk County Sheriff’s Office, and Deputy Todd Mauthe of the Liberty County Sheriff’s Office. *fn1

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements