Opinion

Montano v. State

  • 843 S.W.2d 579
  • 1992 Tex. Crim. App. LEXIS 240
  • 1992 WL 366971
Court
Court of Criminal Appeals of Texas
Filed
Dec 16, 1992
Status
Published
Author
Campbell
On the bench
Maloney, Campbell, White, Campbell'S
Cited by
21 cases
Authority
More cited than 10.4%

holding that nervously looking around in an airport not sufficient to justify frisk

How later courts described this case

  • holding that nervously looking around in an airport not sufficient to justify frisk
  • finding a lack of reasonable suspicion without a totality of the circumstances analysis
  • inconsistency in the traveler's destination does not indicate drug trafficking

Written by the judges who cited it.

The opinion

CAMPBELL, J.,

dissents, believing that the initial detention in this ease constituted no more than an “encounter” pursuant to Florida v. Bostick, — U.S.-, 111 S.Ct. 2382 , 115 L.Ed.2d 389 (1991), and thus the petition was improvidently granted in the first instance.

WHITE, J., joins Judge Campbell’s note.

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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