# Davis v. State

> Court of Criminal Appeals of Texas · April 15, 1992 · 829 S.W.2d 218

URL: https://www.frixlaw.com/law-library/cases/9654860

## Case

- **Full name:** Kevin Braniard DAVIS, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 15, 1992
- **Citations:** 829 S.W.2d 218; 1992 Tex. Crim. App. LEXIS 97; 1992 WL 73485
- **Precedential status:** Published
- **Opinion:** Dissent
- **Judges:** Maloney, McCORMICK, White
- **Cited by:** 178 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9654860

## How later opinions describe it (automated extraction)

- 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
- holding officer not justified in opening matchbox under guise of searching for weapons

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9654860. Public record. Not legal advice.
