Grits for Breakfast Blog: Pop Quiz on Fourth Amendment and the criminalization of the normal <\/p>\n
Pop Quiz from the Texas Seventh Court of Appeals: Which of the following are NOT an indicia of drug trafficking under Texas law?
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\n\u25cf Breathing.
\n\u25cf Having two hands.
\n\u25cf Driving a clean vehicle.
\n\u25cf Looking at a peace officer.
\n\u25cf Looking away from a peace officer.
\n\u25cf A young person driving a newer vehicle.
\n\u25cf Driving in a car with meal wrappers.
\n\u25cf Driving carefully.
\n\u25cf Driving on an interstate.<\/p>\nThe answer, according to a majority opinion from the Seventh Court of Appeals written by Chief Justice Brian Quinn, is that only the first two cannot be considered suspicious behavior that justifies an investigative detention, according to Texas courts. A dissent by Justice Campbell scolded his colleagues for failing to defer to the trial judge and “assume the court made implicit findings of fact supporting its ruling that are supported by the record.” But the majority opinion is quite a read, lamenting that “most anything can be considered indicia of drug trafficking to law enforcement personnel.” It continued:<\/p><\/blockquote>\n