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SCHENEKL v. STATE

No. 1529-99.

30 S.W.3d 412 (2000)

George Kenneth SCHENEKL, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 25, 2000.

Attorney(s) appearing for the Case

Raymond G. Wheless, Plano, for appellant.

Yolanda M. Joosten, Asst. DA, Denton, Matthew Paul, State's Atty., Austin, for State.

OPINION

KEASLER, J., delivered the opinion of the Court, in which McCORMICK, P.J., and MANSFIELD, KELLER, and WOMACK, JJ., joined.

While on midnight patrol on Lake Lewisville, Game Warden Patrick Canan saw George Schenekl's boat leaving Sneaky Pete's Marina. Canan stopped Schenekl for a routine water safety check. In order to perform a water safety check, state law provides that an officer may stop and board a boat without probable cause or reasonable...

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