{"id":4401,"date":"2011-01-25T21:39:20","date_gmt":"2010-07-07T07:14:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-07T07:14:17","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4401","title":{"rendered":"TX: Overhead lights and a direction to \u201ccome over here\u201d is a seizure"},"content":{"rendered":"<p>Walking late at night in an area known for burglaries, and defendant\u2019s grabbing at his waist as the officer drove by was not reasonable suspicion. Overhead lights and a direction to \u201ccome over here\u201d is a seizure. <a href=\"http:\/\/www.cca.courts.state.tx.us\/opinions\/HTMLopinionInfo.asp?OpinionID=19864\">Crain v. State<\/a>, 315 S.W.3d 43 (Tex. Crim. App. 2010) (6-3):<\/p>\n<blockquote><p>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&#8217;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.<\/p><\/blockquote>\n<p>Defendant\u2019s wife consented to the search. She consented because (1) she didn\u2019t 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. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/085044.U.pdf\">United States v. Short<\/a>, 387 Fed. Appx. 308 (4th Cir. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=4401\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4401","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4401","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4401"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4401\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4401"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4401"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4401"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}