Legal Opinion · Dissent

Derichsweiler v. State

Court of Appeals of Texas

Decided November 25, 2009No. 2-08-117-CRPublished

1DissentAnne Gardner, Justice

I respectfully dissent. The totality of the circumstances, including Officer Carra-by’s training and experience, the locality, the date, the time of evening, the information conveyed to him by dispatch, and his independent observations established reasonable suspicion for Appellant’s detention for further investigation. It was dark at 8:00 p.m. on New Year’s Eve when Joe and Joanna Holden ordered food from the McDonald’s restaurant drive-through. The third time Appellant parked close to them, Joe felt intimidated and uncomfortable. At Joanna’s insistence, Joe called 911. He identified himself…

2Cases cited14 opinions

  1. United States v. SokolowSupreme Court of the United States · 1989
  2. Woods v. StateCourt of Criminal Appeals of Texas · 1997
  3. Brother v. StateCourt of Criminal Appeals of Texas · 2005
  4. Curtis v. StateCourt of Criminal Appeals of Texas · 2007
  5. Pipkin v. StateCourt of Appeals of Texas · 2003

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