TX: Being a ‘known criminal’ on the street at 2 am in a high crime area not reasonable suspicion

The officer “cited the time of day, the area’s known narcotic activity, and his belief, based on what other officers had told him, that Appellant was a ‘known criminal’ as the reasons for detaining Appellant. The court of appeals concluded that the totality of these circumstances was sufficient to provide reasonable suspicion that criminal activity was afoot. However, we disagree that these circumstances were enough to support a conclusion that a reasonable suspicion to stop Appellant existed.” Defendant was doing nothing else to even suggest illegal conduct. Brodnex v. State, 2016 Tex. Crim. App. LEXIS 58 (March 23, 2016).

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