Opinion

Davis v. State

  • 829 S.W.2d 218
  • 1992 Tex. Crim. App. LEXIS 97
  • 1992 WL 73485
Court
Court of Criminal Appeals of Texas
Filed
Apr 15, 1992
Status
Published
On the bench
Maloney, McCORMICK, White
Cited by
178 cases
Authority
More cited than 7.6%

holding that an officer’s subjective intent or motive to search is irrelevant if there is a lawful reason to search

How later courts described this case

  • holding that an officer’s subjective intent or motive to search is irrelevant if there is a lawful reason to search
  • stating, for temporary investigative detention to be valid (1) unusual activity must be occurring or have occurred; (2) the accused must be connected with the suspicious activity; and (3) the suspicious activity must be connected with a crime
  • holding that officers seeking corroboration of a report made permissible rational inferences of suspicion when suspect fitting description in report wore a trench coat on a warm day
  • search of matchbox found in suspect’s coat pocket during pat-down exceeded scope of weapons search under Terry because “unreasonable for two armed police officers to fear a razor blade that might be contained in a matchbox”

Written by the judges who cited it.

The opinion

MILLER, J.,

joined by WHITE, J.,

dissent with a note: Believing that the Court *222 of Appeals analysis was correct under Texas v. Brown, 460 U.S. 730 , 103 S.Ct. 1535 , 75 L.Ed.2d 502 (1983), we respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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