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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.
 
Posts: 64 | Location: Johnson County, Texas | Registered: May 06, 2004Reply With QuoteReport This Post
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Congratulations and thanks for the update. For the original post, go to this link. For a related discussion, go to this link.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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As Woody from Toy Story (2) would say. Thankyouthankyouthankyouthankyou!
 
Posts: 1243 | Location: houston, texas, u.s.a. | Registered: October 19, 2001Reply With QuoteReport This Post
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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12/16/2005: Prior opinion withdrawn (case still under submission with no opinion/decision)
 
Posts: 2330 | Registered: February 07, 2001Reply With QuoteReport This Post
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