TX: Overhead lights and a direction to “come over here” is a seizure

Walking late at night in an area known for burglaries, and defendant’s grabbing at his waist as the officer drove by was not reasonable suspicion. Overhead lights and a direction to “come over here” is a seizure. Crain v. State, 315 S.W.3d 43 (Tex. Crim. App. 2010) (6-3):

Neither time of day nor level of criminal activity in an area are suspicious in and of themselves; the two are merely factors to be considered in making a determination of reasonable suspicion. Neither fact proves that the suspect is engaged in any sort of criminal offense. In order for these facts to affect the assessment of the suspect’s actions, the surroundings must raise a suspicion that the particular person is engaged in illegal behavior. Griffin did not offer any testimony that might have raised his suspicion that the appellant was engaged in criminal activity before he approached the appellant and smelled marihuana on him. We find no other indicia of reasonable suspicion on the record before us.

Defendant’s wife consented to the search. She consented because (1) she didn’t think anything would be found and (2) she was told that they would have her leave in the cold while the officers procured a warrant. She had been arrested before, and it was voluntary. United States v. Short, 387 Fed. Appx. 308 (4th Cir. 2010).*