A few of you may remember this case. Last year the Fort Worth court of appeals held that an officer can not question a passenger (even to garner his identity) without independant reasonable suspicion that the passenger was engaged in criminal activity. This is an absolutely ludicrous decision.
After granting my Motion for Rehearing en banc, the court heard us argue the case again in Nov. 2004. I just this week received an Order from the Court withdrawing their previous opinion.
So I am telling my officers that they can now resume identifying anyone in the car until the court hands down a new ruling.
As Woody from Toy Story (2) would say. Thankyouthankyouthankyouthankyou!
Your case certainly has an interesting and unusual history so far.
08/31/2004: Opinion Issued
09/08/2004: State's Motion for Rehearing en banc filed
10/21/2004: Rehearing granted
12/16/2005: Prior opinion withdrawn (case still under submission with no opinion/decision)
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