Looking in windows at night in a neighborhood with a string of burglaries is reasonable suspicion

Reasonable suspicion was based on defendant’s being dressed in black and looking in windows of houses at night in an area that had seen a string of burglaries. When confronted, defendant was evasive and nervous [the latter only adding to the reasonable suspicion; the former was plenty]. Baldwin v. State, 237 S.W.3d 808 (Tex. App.—Houston (14th Dist.) 2007):

Here, appellant contends the woman who reported him to Deputy Smith was not known to be credible. More specifically, appellant claims her report was no more reliable than an anonymous tipster. However, Deputy Smith did not detain appellant based on the woman’s report. Rather, he detained appellant only after a personal encounter with appellant on the street. Appellant’s nervousness, shuddering, evasiveness, refusal to identify himself to a police officer, and manner of wearing all black clothing at 10:30 p.m. in a neighborhood where there had been a recent string of burglaries, coupled with the woman’s report that she had seen appellant looking into houses, are indicative of criminal activity.

Defendant’s arrest and removal from his vehicle did not nullify the officer’s ability to conduct a search incident of a tobacco pouch in the vehicle. Officers had made an arrest of one of defendant’s drug customers, and she had an identical pouch and said she bought from him at least 100 times in the last few years. Alternatively, an inventory would have been proper. Phinizee v. State, 983 So. 2d 322 (Miss. App. 2007).*

Defendant failed to produce evidence of diminished capacity at suppression hearing to show that he could not consent, so the trial court properly denied the motion. Evans v. State, 984 So. 2d 308 (Miss. App. 2007), cert. den. 2008 Miss. LEXIS 289 (June 12, 2008).*