TX4 seemingly applies wrong standard of review to RS

Defendant wasn’t seized just because he and an officer were conversing. On the totality, the trial court reasonably concluded that the officer had reasonable suspicion to continue it and ask for consent to search defendant’s wallet. [The court says, however: “Based on a review of the record, the trial court could reasonably determine that Officer Rodriguez diligently pursued a means to confirm or dispel his suspicions and the detention was not so long as to become constitutionally prohibited.” Isn’t that contrary to de novo review of reasonable suspicion under Ornelas? This is an opinion on rehearing.] Alfaro-Jimenez v. State, 2017 Tex. App. LEXIS 10733 (Tex. App. – San Antonio Nov. 15, 2017).*

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