Legal Opinion · Dissent

Faulk v. State

Court of Criminal Appeals of Texas

Decided November 29, 1978No. 54141Published

1DissentVollers, Judge

The majority passes upon the question presented in this case on the mistaken assumption that Officer Brackeen must have “probable cause” to arrest the appellant at the time he was initially stopped. This approach by the majority completely overlooks many cases decided by this Court holding that circumstances falling short of probable cause for arrest may justify a temporary detention for the purpose of investigation, since investigation is a lesser intrusion than an arrest. Coleman v. State, 500 S.W.2d 472; Ablon v. State, 537 S.W.2d 267; George v. State, 509 S.W.2d 347; Baity v. State, 455…

2Cases cited11 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. Brown v. StateCourt of Criminal Appeals of Texas · 1972
  4. Wood v. StateCourt of Criminal Appeals of Texas · 1974
  5. Armstrong v. StateCourt of Criminal Appeals of Texas · 1977

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