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Officer spots individual previously stopped. Knows individual did not have a license on previous occassion. Is this enough to stop individual?

(I'm thinking Terry)
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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I would need more. Was the previous stop recent? Had the suspect never had a license? Was he an incorrigible offender? Had he not had sufficient time to get a license? Was he even entitled to a license? Even with this information, though, the justification for the stop is tenuous at best. Frown It seems the officer is working from nothing more than a hunch.

JAS
 
Posts: 586 | Location: Denton,TX | Registered: January 08, 2007Reply With QuoteReport This Post
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Gordon,

Your Terry theory may hold if you have good specific facts. I found a case that may help.

Williams v. State (December 14, 2006)
Tex.App. Eastland
11-05-00102-CR
2006 Tex. App. LEXIS 10706

Hope this helps.

Phil
 
Posts: 47 | Location: BASTROP, TEXAS, USA | Registered: January 30, 2002Reply With QuoteReport This Post
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