TX14: Frisk doesn’t have to stop just because knife was found; officer can keep looking

The officer had reasonable suspicion defendant was involved in an assault and was armed. In the frisk a knife was found. The officer was not obligated to stop with that, and he could continue the frisk. Pills were found, but they weren’t immediately apparent to be contraband, but it was apparent they were pills. Clark v. State, 2014 Tex. App. LEXIS 9317 (Tex. App. – Houston (14th Dist.) August 14, 2014).*

Defendants’ stop for potentially being involved in an armed robbery was with reasonable suspicion. They were heading in the direction the robbers would be going and generally matched the description. A leaf raker saw the car, too, and reported its direction. Nobody else was around. “Just minutes had elapsed since the robbery when the suspects, who mostly matched the description, were encountered just an eighth of a mile from the crime scene, heading in the expected direction. There were, moreover, no other persons afoot in the area. Taken in the ensemble, these facts were sufficient to give rise to a reasonable suspicion that the appellant and his companion were the robbers.” United States v. Arthur, 2014 U.S. App. LEXIS 16240 (1st Cir. August 22, 2014).*

Defendant was stopped with reasonable suspicion, and the record supports the trial court’s findings of consent to the BAC test. State v. Miller, 2014-Ohio-3605, 2014 Ohio App. LEXIS 3543 (10th Dist. August 21, 2014).*