Legal Opinion
Wade, Christopher James
Court of Criminal Appeals of Texas
Decided September 11, 2013No. PD-1710-12PublishedCited by 251 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which KELLER, P.J., and PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and ALCALA, J., joined.
The Supreme Court has consistently held that a person’s refusal to cooperate with a police request during a consensual encounter cannot, by itself, provide the basis for a detention or Terry frisk. 1 Because appellant’s refusal to cooperate was accompanied only by his extreme nervousness and a game warden’s hunch he was up to no good, the warden’s stop-and-frisk of appellant violated the Fourth Amendment. We therefore reverse the judgment of the court of appeals that had upheld the…
3Cases cited45 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Florida v. RoyerSupreme Court of the United States · 1983
- Guzman v. StateCourt of Criminal Appeals of Texas · 1997
- United States v. MendenhallSupreme Court of the United States · 1980
- United States v. CortezSupreme Court of the United States · 1981
40 more not listed; retrieve them via the Exa API.
4Cited by251 opinions
- Matthews, Cornelious L.Court of Criminal Appeals of Texas · 2014
- Furr v. StateCourt of Criminal Appeals of Texas · 2016
- State v. CortezCourt of Criminal Appeals of Texas · 2018
- Tapia, Gilbert Jr.Court of Criminal Appeals of Texas · 2015
- Brodnex v. StateCourt of Criminal Appeals of Texas · 2016
246 more not listed; retrieve them via the Exa API.