Opinion

Woods v. State

  • 956 S.W.2d 33
  • 1997 Tex. Crim. App. LEXIS 90
  • 1997 WL 685978
Court
Court of Criminal Appeals of Texas
Filed
Nov 5, 1997
Status
Published
Author
Overstreet
On the bench
Price, Overstreet
Cited by
841 cases

holding that "as consistent with innocent activity as with criminal activity" test is no longer viable for determining reasonable suspicion, and overruling Montano and other cases to extent that they contradict that holding

How later courts described this case

  • holding that "as consistent with innocent activity as with criminal activity" test is no longer viable for determining reasonable suspicion, and overruling Montano and other cases to extent that they contradict that holding
  • concluding that officer may briefly detain person for investigative purposes if officer has reasonable suspicion, under totality of circumstances, to believe that person has been, is, or will be engaged in criminal activity
  • holding that “there may be instances when a person’s conduct viewed in a vacuum, appears purely innocent, yet when viewed in light of the totality of the circumstances, those actions give rise to reasonable suspicion”
  • holding that Athere may be instances when a person=s conduct viewed in a vacuum, appears purely innocent, yet when viewed in light of the totality of the circumstances, those actions give rise to reasonable suspicion@

Written by the judges who cited it.

The opinion

OVERSTREET, Judge,

dissenting.

I dissent to the overruling of the use of the “as consistent with innocent activity” construct in determining reasonable suspicion. The majority’s decision to abolish that factor effectively does away with the concept of reasonable suspicion being necessary for a Terry stop detention.

The majority’s holding means that innocent activity justifies a Terry stop detention because innocent activity could provide reasonable suspicion for criminal activity. A person can innocently walk down the street, yet such innocent walking could in actuality be criminal activity, e.g. the person could be walking away from a crime; thus the majority’s position is that such innocent walking provides reasonable suspicion to justify a Terry stop detention. Therefore, anyone innocently walking down the street is subject to being stopped, detained and questioned because such innocent activity may in fact be criminal and the majority believes that such provides reasonable suspicion that criminal activity may be afoot. But is it really “reasonable” to believe that criminal activity is afoot when someone is simply engaged in innocent activity? I disagree.

Because the majority holding eviscerates the time-honored constitutional standard for determining reasonable suspicion, and effectively provides that any activity, even innocent activity, provides reasonable suspicion, I 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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