{"id":1867,"date":"2008-05-23T17:34:46","date_gmt":"2008-03-11T06:38:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-11T06:38:44","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1867","title":{"rendered":"Flashing blue lights at a pedestrian is a stop requiring reasonable suspicion"},"content":{"rendered":"

Flashing blue lights at a walking person and stopping the police car is a stop of the person requiring reasonable suspicion. Hudson v. State<\/a>, 247 S.W.3d 780 (Tex. App. \u2014 Amaillo 2008):<\/p>\n

Although time of day and the level of criminal activity in an area may be factors to consider in determining reasonable suspicion, they are not suspicious in and of themselves. See Klare v. State<\/em>, 76 S.W.3d 68, 73-76 (Tex.App.-Houston [14th Dist.] 2002, pet. ref’d). See also Scott v. State<\/em>, 549 S.W.2d 170, 172-73 (Tex. Crim. App. 1976). Time of day and criminal activity in the area are facts which focus on the suspect’s surroundings, and not on the suspect himself. Klare<\/em>, 76 S.W.3d at 75. Thus, an assessment of the surroundings must raise a suspicion that the particular individual being stopped is engaged in wrongdoing. Id.<\/em> at 75, citing U.S. v. Cortez<\/em><\/a>, 449 U.S. 411, 418, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981). Officer Carrillo did not offer any testimony to raise suspicion that Appellant was engaged in criminal activity prior to initiating contact with him. Additionally, there are no independent indicia of reasonable suspicion in the record before us. Under the totality of the circumstances, we find that the factors cited by Carrillo, i.e., time of day and “recent” crime in the area, were a mere pretext for stopping Appellant.<\/p><\/blockquote>\n

Directing occupants to get out of a parked vehicle, although there was a basis for the stop at 2:30 a.m. of the vehicle stopped in the roadway, violated Terry<\/em><\/a>. The initial call was an unverified tip that the occupants of the vehicle were flashing a gun, and it remained unverified. The defendant did not abandon the gun by stashing it under the seat as he got out of the car. State v. Matthews<\/a>, 398 N.J. Super. 551, 942 A.2d 797 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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