State v. Jennings, 958 S.W.2d 930 (Tex. App. 1997). · Go Syfert
State v. Jennings, 958 S.W.2d 930 (Tex. App. 1997). Cases Citing This Book View Copy Cite
89 citation events (87 in the last 25 years) across 3 distinct courts.
Strongest positive: Oliver Eugene Evans, Jr. v. the State of Texas (txctapp4, 2026-04-29)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Oliver Eugene Evans, Jr. v. the State of Texas
txctapp4 · 2026 · confidence medium
State v. Jennings, 958 S.W.2d 930, 933 (Tex. App.—Amarillo 1997, no pet.) (citing Rance v. State, 815 S.W.2d 622 , 635 n.2 (Tex. Crim.
cited Cited as authority (rule) Oliver Eugene Evans, Jr. v. the State of Texas
txctapp4 · 2026 · confidence medium
State v. Jennings, 958 S.W.2d 930, 933 (Tex. App.—Amarillo 1997, no pet.) (citing Rance v. State, 815 S.W.2d 622 , 635 n.2 (Tex. Crim.
discussed Cited as authority (rule) Brandon Brown v. State (2×)
Tex. App. · 2018 · confidence medium
Boyett v. State, 485 S.W.3d 581, 590 (Tex. App.—Texarkana 2016, pet. ref’d) (quoting State v. Jennings, 958 S.W.2d 930, 933 (Tex. App.—Amarillo 1997, no pet.) (citations omitted)).
examined Cited as authority (rule) Boyett v. State (3×) also: Cited "see"
Tex. App. · 2016 · confidence medium
They include those collectively known by the officers or agents cooperating together at the time of the detention.” State v. Jennings, 958 S.W.2d 930, 933 (Tex.App.-Amarillo 1997, no pet.); see also Derichsweiler v. State, 348 S.W.3d 906, 914 (Tex.Crim.App.2011) (“[T]he detaining officer need not be personally aware of every fact that objectively supports a reasonable suspicion to detain; rather, ‘the cumulative information known to the cooperating officers at the time of the stop is to be considered in determining whether reasonable suspicion exists.’”) (quoting Adams v. Williams, 4…
cited Cited as authority (rule) Ricks, Cedric Allen
Tex. · 2015 · confidence medium
In State v Jennings, 958 S.W. 2d 930, 932 (Tex. App. - - Amarillo 1997, no pet.) a peace officer was dispatched to a domestic disturbance in the City of Plainview. 958 S.W. 2d at 932.
cited Cited as authority (rule) Emily Kay Smirl v. State
Tex. App. · 2014 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex. App.—Amarillo 1997, no pet.).
discussed Cited as authority (rule) Deborah Jane Kirby v. State (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
It is not enough to merely show that a stop was made because another officer requested it. 5 State v. Jennings, 958 S.W.2d 930, 933 (Tex. App.––Amarillo 1997, no pet.) (citations omitted) (concluding trial court did not err in suppressing evidence because requesting officer lacked reasonable suspicion).
cited Cited as authority (rule) ORSAG v. State
Tex. App. · 2010 · confidence medium
See Glass v. State, 681 S.W.2d 599, 601 (Tex.Crim.App.1984); State v. Jennings, 958 S.W.2d 930, 933 (Tex.App.-Amarillo 1997, no pet.).
cited Cited as authority (rule) Christopher Lee Orsag v. State
Tex. App. · 2010 · confidence medium
App. 1984); State v. Jennings , 958 S.W.2d 930, 933 (Tex. App.—Amarillo 1997, no pet.).
examined Cited as authority (rule) Derichsweiler v. State (4×) also: Cited "see"
Tex. App. · 2009 · confidence medium
In any event, the evidence establishes that the parking lots was public places. [1] There is no issue here as to anonymity of the tipster as in State v. Jennings, 958 S.W.2d 930, 933-34 (Tex.App.-Amarillo 1997, no pet.), cited by the majority.
discussed Cited as authority (rule) State v. 1998 TOYOTA LAND CRUISER (2×)
Tex. App. · 2009 · confidence medium
See Hall v. State, 74 S.W.3d 521, 525 (Tex.App.-Amarillo 2002, no pet.) (defining reasonable suspicion as the presence of articulable facts which, when combined with rational inferences therefrom, would allow an officer to reasonably suspect that a particular person has engaged, or is or soon will be engaging, in criminal activity); State v. Jennings, 958 S.W.2d 930, 933 (Tex.App.-Amarillo 1997, no pet.) (stating that reasonable suspicion arises when the circumstances depict the occurrence of unusual activity, the existence of a *91 nexus between the detainee and the activity, and the likeness…
discussed Cited as authority (rule) State v. 1998 Toyota Land Cruiser Oklahoma Tag CMN 633 VIN JT3HT05J9W0007179 (Cole Austin Donelson)
Tex. App. · 2009 · confidence medium
See Hall v. State, 74 S.W.3d 521, 525 (Tex. App.–Amarillo 2002, no pet.) (defining reasonable suspicion as the presence of articulable facts which, when combined with rational inferences therefrom, would allow an officer to reasonably suspect that a particular person has engaged, or is or soon will be engaging, in criminal activity); State v. Jennings, 958 S.W.2d 930, 933 (Tex. App.–Amarillo 1997, no pet.) (stating that reasonable suspicion arises when the circumstances depict the occurrence of unusual activity, the existence of a nexus between the detainee and the activity, and the likene…
discussed Cited as authority (rule) State v. 1998 Toyota Land Cruiser Oklahoma Tag CMN 633 VIN JT3HT05J9W0007179 (Cole Austin Donelson)
Tex. App. · 2009 · confidence medium
See Hall v. State , 74 S.W.3d 521, 525 (Tex. App.–Amarillo 2002, no pet.) (defining reasonable suspicion as the presence of articulable facts which, when combined with rational inferences therefrom, would allow an officer to reasonably suspect that a particular person has engaged, or is or soon will be engaging, in criminal activity); State v. Jennings , 958 S.W.2d 930, 933 (Tex. App.–Amarillo 1997, no pet.) (stating that reasonable suspicion arises when the circumstances depict the occurrence of unusual activity, the existence of a nexus between the detainee and the activity, and the like…
cited Cited as authority (rule) John Raymond Sheffield v. State
Tex. App. · 2008 · confidence medium
State v. Jennings , 958 S.W.2d 930, 933 (Tex. App.--Amarillo 1997, no pet.).
cited Cited as authority (rule) John Raymond Sheffield v. State
Tex. App. · 2008 · confidence medium
State v. Jennings, 958 S.W.2d 930, 933 (Tex. App.—Amarillo 1997, no pet.).
discussed Cited as authority (rule) Continental Homes of Texas, L.P. v. Theresa Morin Mark Morin and Trisha Robles Del's Nursery & Landscape, Ltd. F/K/A Del's Nursery and Landscaping, Inc. D/B/A Del's Landscaping Materials
Tex. App. · 2007 · confidence medium
See Hall v. State , 74 S.W.3d 521, 525 (Tex. App.–Amarillo 2002, no pet.) (defining reasonable suspicion as the presence of articulable facts which, when combined with rational inferences therefrom, would allow an officer to reasonably suspect that a particular person has engaged, or is or soon will be engaging, in criminal activity); State v. Jennings , 958 S.W.2d 930, 933 (Tex. App.–Amarillo 1997, no pet.) (stating that reasonable suspicion arises when the circumstances depict the occurrence of unusual activity, the existence of a nexus between the detainee and the activity, and the like…
discussed Cited as authority (rule) Christopher Joseph Hadley v. State (2×)
Tex. App. · 2006 · confidence medium
As Appellant points out, the court in State v. Jennings observed that “both the trial and reviewing courts must proceed cautiously when it appears that the detaining officer acted upon nothing other than a radio dispatch or request to apprehend.” 958 S.W.2d 930, 933 (Tex. App.—Amarillo 1997, no pet.) (emphasis in original).
cited Cited as authority (rule) Arturo Lopez v. State
Tex. App. · 2006 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.–Amarillo 1997, no pet.).
cited Cited as authority (rule) Arturo Lopez v. State
Tex. App. · 2006 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.-Amarillo 1997, no pet.).
cited Cited as authority (rule) Lopez v. State
Tex. App. · 2006 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.-Amarillo 1997, no pet.).
cited Cited as authority (rule) Benjamin Alonzo Zepeda v. State
Tex. App. · 2004 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App-Amarillo 1997, no pet.).
cited Cited as authority (rule) Benjamin Alonzo Zepeda v. State
Tex. App. · 2004 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App–Amarillo 1997, no pet.).
cited Cited as authority (rule) Benjamin Alonzo Zepeda v. State
Tex. App. · 2004 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App–Amarillo 1997, no pet.).
discussed Cited as authority (rule) Young v. State (2×)
Tex. App. · 2004 · confidence medium
Id.; State v. Jennings, 958 S.W.2d 930, 933 (Tex.App.Amarillo 1997, no pet.).
cited Cited as authority (rule) Rafael Hernandez Gonzales v. State
Tex. App. · 2004 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.-Amarillo 1997, no pet.).
cited Cited as authority (rule) Rafael Hernandez Gonzales v. State
Tex. App. · 2004 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.–Amarillo 1997, no pet.).
cited Cited as authority (rule) Rafael Hernandez Gonzales v. State
Tex. App. · 2004 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.–Amarillo 1997, no pet.).
cited Cited as authority (rule) Canava, Dante Alexander v. State
Tex. App. · 2003 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex. App.--Amarillo 1997, no pet.).
discussed Cited as authority (rule) Jorge Luis Rodriguez v. State of Texas
Tex. App. · 2001 · confidence medium
See Hall v. State , 74 S.W.3d 521, 525 (Tex. App.–Amarillo 2002, no pet.) (defining reasonable suspicion as the presence of articulable facts which, when combined with rational inferences therefrom, would allow an officer to reasonably suspect that a particular person has engaged, or is or soon will be engaging, in criminal activity); State v. Jennings , 958 S.W.2d 930, 933 (Tex. App.–Amarillo 1997, no pet.) (stating that reasonable suspicion arises when the circumstances depict the occurrence of unusual activity, the existence of a nexus between the detainee and the activity, and the like…
cited Cited as authority (rule) Doru Lung v. State
Tex. App. · 2001 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.-- Amarillo 1997, no pet.).
cited Cited as authority (rule) Nicholas Garrett v. State of Texas
Tex. App. · 2001 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.-- Amarillo 1997, no pet.).
cited Cited as authority (rule) Facundo Valdez v. State of Texas
Tex. App. · 2001 · confidence medium
State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.--Amarillo 1997, no pet.).
cited Cited as authority (rule) State v. Frank Bartow, Jr.
Tex. App. · 1999 · confidence medium
See Wright , 959 S.W.2d at 357 ; State v. Jennings , 958 S.W.2d 930, 932-33 (Tex. App.--Amarillo 1997, no pet.).
discussed Cited "see" Martinez v. State (2×)
Tex. App. · 2010 · signal: see · confidence high
See State v. Jennings, 958 S.W.2d 930 , 933 n. 2 (Tex.App.-Amarillo 1997, no pet.). [8] As reflected by the marked map, the area encompasses over fifteen city blocks. [9] Officer Hurley stopped a green Ford pickup. [10] Officer Hurley testified there were some vehicles out Sunday night, just not the same amount of traffic as earlier in the evening.
discussed Cited "see" John David Martinez v. State
Tex. App. · 2010 · signal: see · confidence high
See State v. Jennings, 958 S.W.2d 930 , 933 n.2 (Tex. App.—Amarillo 1997, no pet.). -6- DISSENTING OPINION TO DENIAL OF EN BANC CONSIDERATION 04-10-00204-CR & 04-09-00205-CR In this case Officer Hurley was required to provide articulable facts that would allow this court to determine the circumstances upon which Hurley could reasonably conclude that Martinez actually had been engaged in criminal activity.
cited Cited "see" Leonard L. Martinez, Sr. v. State
Tex. App. · 2010 · signal: see · confidence high
See State v. Jennings , 958 S.W.2d 930, 933 (Tex.App.–Amarillo 1997, no pet.).
cited Cited "see" Martinez v. State
Tex. App. · 2010 · signal: see · confidence high
See State v. Jennings, 958 S.W.2d 930, 933 (Tex.App.Amarillo 1997, no pet.).
discussed Cited "see" Mark Derichsweiler v. State
Tex. App. · 2009 · signal: see · confidence high
See State v. Jennings , 958 S.W.2d 930, 933 (Tex. App.—Amarillo 1997, no pet.) (noting that a reviewing court “must proceed cautiously when it appears that the detaining officer acted upon nothing other than a radio dispatch”); cf. Fearance v. State , 771 S.W.2d 486, 509 (Tex. Crim.
discussed Cited "see" Mark Derichsweiler v. State
Tex. App. · 2009 · signal: see · confidence high
See State v. Jennings, 958 S.W.2d 930, 933 (Tex. App.—Amarillo 1997, no pet.) (noting that a reviewing court “must proceed cautiously when it appears that the detaining officer acted upon nothing other than a radio dispatch”); cf. Fearance v. State, 771 S.W.2d 486, 509 (Tex. Crim.
cited Cited "see" Marlyn Solanas v. State
Tex. App. · 2007 · signal: see · confidence high
See State v. Jennings , 958 S.W.2d 930, 933 (Tex.App.--Amarillo 1997, no pet.).
cited Cited "see" Mike Seymour Mount v. State
Tex. App. · 2007 · signal: see · confidence high
See State v. Jennings , 958 S.W.2d 930, 933 (Tex. App. C Amarillo 1997, no pet.).
discussed Cited "see" Mount v. State (2×)
Tex. App. · 2007 · signal: see · confidence high
See State v. Jennings, 958 S.W.2d 930, 933 (Tex.App.-Amarillo 1997, no pet.).
discussed Cited "see" Castro v. State (2×)
Tex. App. · 2006 · signal: see · confidence high
See State v. Jennings, 958 S.W.2d 930, 933 (Tex. App.-Amarillo 1997, no pet.) (citing Fearance v. State, 771 S.W.2d 486, 509 (Tex. Crim.
discussed Cited "see" Hector Castro v. State (2×)
Tex. App. · 2006 · signal: see · confidence high
See State v. Jennings, 958 S.W.2d 930, 933 (Tex. App.—Amarillo 1997, no pet.) (citing Fearance v. State, 771 S.W.2d 486, 509 (Tex. Crim.
cited Cited "see" State v. Don Steven McDougal
Tex. App. · 2003 · signal: see · confidence high
See State v. Jennings , 958 S.W.2d 930, 932 (Tex.App.-Amarillo 1997, no pet.).
cited Cited "see" State v. Don Steven McDougal
Tex. App. · 2003 · signal: see · confidence high
See State v. Jennings , 958 S.W.2d 930, 932 (Tex.App.-Amarillo 1997, no pet.).
cited Cited "see" State v. Don Steven McDougal
Tex. App. · 2003 · signal: see · confidence high
See State v. Jennings , 958 S.W.2d 930, 932 (Tex.App.–Amarillo 1997, no pet.).
cited Cited "see" State v. Don Steven McDougal
Tex. App. · 2003 · signal: see · confidence high
See State v. Jennings, 958 S.W.2d 930, 932 (Tex.App.–Amarillo 1997, no pet.).
cited Cited "see" Joe Louis Martinez v. State of Texas
Tex. App. · 2002 · signal: see · confidence high
See State v. Jennings, 958 S.W.2d 930, 933 (Tex.App.--Amarillo 1997, no pet.).
cited Cited "see" Joe Louis Martinez v. State of Texas
Tex. App. · 2002 · signal: see · confidence high
See State v. Jennings , 958 S.W.2d 930, 933 (Tex.App.--Amarillo 1997, no pet.).
Retrieving the full opinion text from the archive…
The STATE of Texas, Appellant,
v.
Calvin JENNINGS, III., Appellee
07-97-0223-CR.
Court of Appeals of Texas.
Dec 19, 1997.
958 S.W.2d 930
1997 Tex. App. LEXIS 6541
1997 WL 780726
Hale County District Attorney, Terry D. McEachern, E. Scott Morris, Plainview, for appellant., Law Offices of David Martinez, David Martinez, Lubbock, for appellee.
Quinn, Reavis, Reynolds.
Cited by 67 opinions  |  Published
QUINN, Justice.

The State of Texas appeals from an order suppressing evidence garnered from Calvin Jennings, III. (Jennings) and contends, via its sole point of error, that the trial court erred in doing so. We disagree, overrule the point, and affirm the order.

[*932] Facts

The trial court entered the following findings of fact, the accuracy of which the State does not dispute:

1. On May 2, 1996, Kimberly Ann Cooper was a certified peace officer employed by the City of Plainview Police Department, and was on duty as a patrol officer for the City on that date[;]
2. On May 2, 1996, ... Cooper was dispatched to a domestic disturbance in the City of Plainview. En route to the domestic disturbance call, ... Cooper received a dispatch over her police radio describing a vehicle that was wanted for questioning in regards to the domestic disturbance[;]
3. Locating the vehicle that matched the broadcast, ... Cooper stopped that vehicle based solely on the fact that the driver of the vehicle was wanted for questioning in regards to the domestic disturbance[;]
4. The vehicle stopped by ... Cooper was driven by ... Calvin Jennings[,] III.

(emphasis added). These findings were supported by the record which evinced that Cooper heard a police broadcast regarding a domestic disturbance. As part of that broadcast, a description of the vehicle and its license plate number was given. Shortly thereafter, Cooper encountered that vehicle and stopped it “[d]ue to the radio traffic from the officers that were on the scene and giving out the description and asking officers to be on the lookout and stop him if he was seen.” Cross-examination of the officer confirmed that the sole reason for stopping Jennings was her belief that the vehicle he drove matched the description previously broad-casted. And, other than allegedly having difficulty in stopping him, she witnessed Jennings committing neither a criminal infraction nor a suspicious act.

Having stopped the ear, Officer Cooper approached Jennings. She then smelled “a strong odor of an alcoholic beverage in the ear and on his person.” Another officer, Garza, was called to assist her in determining whether Jennings was intoxicated'. Apparently, Officer Garza concluded that he was and arrested him.

Once formally charged with driving in a public place while intoxicated, Jennings moved the court to suppress all evidence garnered as a result of Cooper’s stop. A hearing on the motion was convened. Therein, Cooper and Jennings were the only witnesses who testified. The officer or officers who actually investigated the purported domestic disturbance call did not appear, nor did the officer whose broadcast Cooper relied upon to effectuate the stop. Having heard the testimony and arguments of the parties, the trial court .granted the motion to suppress. [1]

Standard of Review

Historically, a trial court’s decision vis-a-vis a motion to suppress has been reviewed under the standard of abused discretion. Villarreal v. State, 935 S.W.2d 134, 138 (Tex.Crim.App.1996). However, the Texas Court of Criminal Appeals has recently held that questions regarding the existence of reasonable suspicion and probable cause undergo de novo consideration. Guzman v. State, 955 S.W.2d 85, 86-87 (Tex.Crim.App.1997). What this means is that we must still defer to the trial court’s determination of historical facts, but, concerning the presence of reasonable suspicion and probable cause, we decide that anew based upon the totality of the circumstances. Id.

Interestingly, this new de novo rule apparently applies only when the facts are undisputed. This must be true because the Court of Criminal Appeals admonished us to continue deferring to the trial court’s decision (involving mixed questions of law and fact such as that at bar) when resolution of the ultimate question “turns on an evaluation of credibility and demeanor.” Id. 955 S.W.2d at 87; see State v. Chavarria, No. 01-96-01389-CR, slip op. at 3-4, 1997 WL 745751 (Tex.App.—Hous. Nov. 26, 1997, no pet. h.) (stat[*933] ing that deference is required when the presence or absence of the probable cause or reasonable suspicion is dependent upon demeanor and credibility). Logically, only when the evidence is undisputed can it be said that credibility and demeanor are unimportant.

Next, whether reasonable suspicion or probable cause existed depends upon the circumstances as they unfolded. Those circumstances, when the search or detention is justified on the basis of reasonable suspicion, must establish that some unusual activity is occurring or has occurred, that the detained person is connected with the activity, and that the unusual activity is related to the commission of a crime. Francis v. State, 922 S.W.2d 176, 178 (Tex.Crim.App.1996). When probable cause is invoked, the circumstances must illustrate that the suspect has committed or is committing a crime. Amores v. State, 816 S.W.2d 407, 411 (Tex.Crim.App.1991). Moreover, the operative circumstances are not only those known to the officer making the stop or arrest. They include those collectively known by the officers or agents cooperating together at the time of the detention. See Fearance v. State, 771 S.W.2d 486, 609 (Tex.Crim.App.1988), cert. denied, 492 U.S. 927, 109 S.Ct. 3266, 106 L.Ed.2d 611 (1989) (acknowledging that an officer may rely upon information relayed to him by other officers and the sum of information known to those cooperating with him).

Yet, both the trial and reviewing courts must proceed cautiously when it appears that the detaining officer acted upon nothing other than a radio dispatch or request to apprehend. In that situation, the focus lies upon the information known to the officer who made the broadcast. Amores v. State, 816 S.W.2d at 413; Crane v. State, 786 S.W.2d 338, 346 (Tex.Crim.App.1990); McBride v. State, 946 S.W.2d 100, 102 (Tex.App.—Texarkana 1997, pet. ref'd). While this does not mandate that he testify, the State must nevertheless present evidence justifying said officer’s broadcast or request; in other words, it must be shown that the officer who made the stop or arrest did so upon the request of someone who had reasonable suspicion or probable cause. Rance v. State, 815 S.W.2d 633, 635 n. 2 (Tex.Crim.App.1991). It is not enough to merely show that a stop was made because another officer requested it. Id. 2

Application of Standard to Case

As previously alluded to, Cooper witnessed no criminal or other suspicious activity herself before interceding. Rather, she relied exclusively upon a radio broadcast purportedly made by an unnamed officer. Furthermore, it was conceded that Jennings was stopped “just because he was a suspect in a domestic dispute.” Who reported the domestic dispute, she did not know. Whether the alleged domestic dispute involved some criminal infraction, she did not mention. Nor could she recall the actual contents of the broadcast; she simply remembered that it involved a request to apprehend the person possibly entangled in some domestic dispute and driving a particular car. Given this, it was incumbent upon the State to present evidence regarding the information known to the officer who allegedly made the broadcast. Amores v. State, supra; Crane v. State, supra. This it did not do. Who made the report to the police is unknown, as is the identity of the person who actually made the broadcast. Also unknown is the information allegedly relied upon by, or known to, the officer requesting the stop and whether that information, if any, involved the commission of a crime as opposed to a mere quarrel.

In effect, the totality of the circumstances evince only a request to stop coupled with a description of the vehicle to be stopped. However, these circumstances alone are not enough to illustrate that the initial detention was justified on the basis of reasonable suspicion or probable cause. Ranee v. State, supra (stating that more than a mere broadcast or request to stop must be shown). Finally, since the State did not prove that the initial[*934] stop was justified, the evidence garnered as a result of that stop was, and is, subject to suppression until the State carries its burden.

Accordingly, we affirm the order entered by the county judge granting Jennings’ motion to suppress.

1

. Though the trial court did not specify a particular reason for granting the motion, we note that we must sustain its action if supportable upon any ground. Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App.1990).

2

. This effectively rebuffs Jennings' insinuation that the detaining officer must have personally been involved in the investigation which ultimately resulted in the detention. The officer need not have any knowledge of circumstances which create reasonable suspicion or probable cause as long as the person who requested the stop or arrest did.