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Flashing blue lights at a pedestrian is a stop requiring reasonable suspicion

By John Wesley Hall, Jr.

Flashing blue lights at a walking person and stopping the police car is a stop of the person requiring reasonable suspicion. Hudson v. State, 2008 Tex. App. LEXIS 1697 (Tex. App. — Amaillo March 6, 2008): Although time of day and the level of criminal activity in an area may be factors to consider in determining reasonable suspicion, they are not suspicious in and of themselves. See Klare v. State, 76 S.W.3d 68, 73-76 (Tex.App.-Houston [14th Dist.] 2002, pet. ref'd). See also Scott v. State, 549 S.W.2d 170, 172-73 (Tex. Crim. App. 1976). Time of day and criminal activity in the area are facts which focus on the suspect's surroundings, and not on the suspect himself. Klare, 76 S.W.3d at 75. Thus, an assessment of the surroundings must raise a suspicion that the particular individual being stopped is engaged in wrongdoing...continue to full post

Full post as published by Fourth Amendment on March 11, 2008 (boomark / email).