Loesch v. State

The majority chooses to reverse the Court of Appeals opinion because, although the Court of Appeals used the correct de novo standard of review, it was incorrectly applied. Because the correct analysis has already been completed by the Court of Appeals with the appropriate deference to the trial court, I dissent.

I

Appellant was originally suspected by the U.S. Border Patrol of transporting undocumented aliens. Appellant aroused the suspicion of the agente because he was driving an older vehicle which appeared weighted down and was very close to another vehicle. Further, the vehicles were…