[DOWNLOAD] "Winnie R. Ebarb v. State Texas" by Court of Criminal Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Winnie R. Ebarb v. State Texas
- Author : Court of Criminal Appeals of Texas
- Release Date : January 28, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The dissenting opinion from the panel would hold that there was no investigatory stop in this case because "(t)he car was already stopped when the officers arrived." This would confuse two distinct meanings of the word "stop." In the law of search and seizure the term "stop" means something other than "halt"; it refers to a type of temporary detention for investigation. The "stop" was put in its constitutional framework in Terry v. Ohio, 392 U.S. 1, 16, 88 S. Ct. 1868, 1877, 20 L. Ed. 2d 889 (1968): "It must be recognized that whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized that person." It matters not whether the person was moving or standing still when the police officer accosted him; what matters is that the person was then restrained in his freedom to move. Thus, when a person is sitting in a parked car and a police officer orders him to roll down the window or to open the door, there is at that point a temporary seizure for investigative detention a "stop." State v. Smith, 137 Ga.App. 101, 223 S.E.2d 30 (1975). A "stop" is a seizure that is less intrusive than a full arrest, just as a "frisk" is a pat down for weapons that is less intrusive than a search for evidence. A "stop" has no more to do with a persons prior motionlessness than a "frisk" has to do with his prior friskiness.