State v. Williams

I agree with the majority’s conclusion that the trial court properly granted Williams’s motion to suppress. I write separately to provide a different analysis for the ultimate conclusion that the trial court was correct.

Because Officer Duncan searched Williams without a warrant, it was the State’s burden to prove that the search was reasonable under the circumstances. See Ford v. State, 158 S.W.3d 488, 492 (Tex.Crim.App.2005). When, as here, an officer has a reasonable suspicion that a suspect may be armed and dangerous, he is entitled to conduct a limited search for weapons to ensure the…