· 9/11/2013
Wade, Christopher James
Citations
- 422 S.W.3d 661
- 2013 WL 4820299
- 2013 Tex. Crim. App. LEXIS 1314
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that appellant was not “seized” under the Fourth Amendment until he complied with the order to get out of his truck for a frisk
- recognizing that “nervous or evasive behavior is a relevant factor in determining reasonable suspicion for a Terry stop and frisk,” though cautioning that “it is not particularly probative” and “is not sufficient to establish reasonable suspicion” standing alone
- noting that, to legally perform a Terry frisk, police must have reasonable suspicion that the suspect is armed and dangerous
- reasoning that the officer “needed some objective, factual justification – outside of appellant’s withdrawal of Lall — 4 consent – to support the detention”
- holding statement made after illegal detention and frisk did not provide probable cause for subsequent search
- noting that, to legally perform a Terry frisk, police must have reasonable suspicion that the suspect is armed and dangerous
Source: CourtListener parenthetical corpus (CC0).
Judges: Cochran, Keller, Price, Womack, Johnson, Keasler, Hervey, Alcala, Meyers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.