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· 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 CourtListener

Sourced 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.