# Childs v. State

> Court of Criminal Appeals of Alabama · May 26, 1995 · 671 So. 2d 781

URL: https://www.frixlaw.com/law-library/cases/9938672

## Case

- **Full name:** Jimmie Randall Childs v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** May 26, 1995
- **Citations:** 671 So. 2d 781; 1995 WL 316828
- **Precedential status:** Published
- **Opinion:** Dissent by Long
- **Judges:** Long, Taylor
- **Cited by:** 5 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/9938672

## Opinion text

I respectfully dissent. In my opinion, the officer's actions in approaching and stopping the appellant's vehicle were fully justified under the rule established in Terry v. Ohio , 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). In light of the officer's testimony regarding his knowledge that the area was one of high drug-sale activity, his testimony regarding his experience and his training in the methods frequently used in drug transactions, and his testimony about his observations of the appellant and the man seen leaning into the appellant's car, I believe the officer had a "particularized and objective basis for suspecting the particular person stopped of criminal activity." United States v. Cortez , 449 U.S. 411 , 418 , 101 S.Ct. 690 , 695 , 66 L.Ed.2d 621 (1981). " '[I]t is important to recall that a trained law enforcement agent may be "able to perceive and articulate meaning in given conduct which would be wholly innocent to the untrained observer." (quoting Brown v. Texas , 443 U.S. [47,] 52 n. 2, 99 S.Ct. [2637,] 2641 n. 2 [, 61 L.Ed.2d 357 (1979)].)' " Pianzio v. State , 423 So.2d 258 , 266
(Ala.Cr.App. 1981) (DeCarlo, J., dissenting).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9938672. Public record. Not legal advice.