Legal Opinion
State v. Garcia-Cantu
Court of Criminal Appeals of Texas
Decided May 7, 2008No. PD-0936-07PublishedCited by 723 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which MEYERS, PRICE, WOMACK, JOHNSON and HOLCOMB, JJ., joined.
In this case, we examine the distinction between a citizen-police “encounter” and a citizen-police “detention.” A “detention” implicates the Fourth Amendment’s search and seizure restrictions and requires articulable suspicion to support even a temporary seizure, while an “encounter” is not subject to any Fourth Amendment requirements or restrictions.1 We conclude that, under the totality of the circumstances test set out in Florida v. Bostick,2 the trial judge did not err in finding that the officer’s conduct in this…
3Cases cited52 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. MendenhallSupreme Court of the United States · 1980
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Florida v. BostickSupreme Court of the United States · 1991
- State v. RossCourt of Criminal Appeals of Texas · 2000
47 more not listed; retrieve them via the Exa API.
4Cited by723 opinions
- Valtierra v. StateCourt of Criminal Appeals of Texas · 2010
- Crain v. StateCourt of Criminal Appeals of Texas · 2010
- Amador v. StateCourt of Criminal Appeals of Texas · 2009
- State v. WoodardCourt of Criminal Appeals of Texas · 2011
- State v. SheppardCourt of Criminal Appeals of Texas · 2008
718 more not listed; retrieve them via the Exa API.