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.

Congratulations and thanks for the update. For the original post, go to this link. For a related discussion, go to this link.

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12/16/2005: Prior opinion withdrawn (case still under submission with no opinion/decision)