Shaffer v. State, 562 S.W.2d 853 (Tex. Crim. App. 1978). · Go Syfert
Shaffer v. State, 562 S.W.2d 853 (Tex. Crim. App. 1978). Cases Citing This Book View Copy Cite
125 citation events (35 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Sean Michael Rhine (texapp, 2017-11-15)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers.
cited Cited as authority (rule) State v. Sean Michael Rhine
Tex. App. · 2017 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex. Crim.
discussed Cited as authority (rule) Joseph Lewis Gonzales v. State
Tex. · 2015 · confidence medium
Neither does driving slower than the posted speed; Viveros v. State, 828 S.W.2d 2, 3 (Tex.Crim.App. 1992); Shaffer v. State, 562 S.W.2d 853, 854-55 (Tex.Crim.App.1978), nor nervousness; Green, 256 S.W.3d at 462 ; LeBlanc v. State, 138 S.W.3d 603 , 608 n. 6 (Tex. App.-Houston [14th Dist.] 2004, no pet.), by themselves, warrant reasonable suspicion.
cited Cited as authority (rule) Rodriguez, Alberto
Tex. Crim. App. · 2015 · confidence medium
D.W.M., 562 S.W.2d at 853; W.L.C., 562 S.W.2d at 455; Johnson v. State, 551 S.W.2d 379 , 381 & n. 3 (Tex.Crim.App.1977). 21 .
discussed Cited as authority (rule) Rocha, Cesar
Tex. App. · 2015 · confidence medium
App. 1994) (no reasonable suspicion where suspects were arguing, as mere presence in high-crime area 7 insufficient to justify detention); Shaffer v. State, 562 S.W.2d 853, 854 (Tex. Crim.
discussed Cited as authority (rule) Rocha, Cesar
Tex. App. · 2015 · confidence medium
App. 1994) (no reasonable suspicion where suspects were arguing, as mere presence in high-crime area not enough to justify detention); Shaffer v. State, 562 S.W.2d 853, 854 (Tex. Crim.
discussed Cited as authority (rule) Brodnex, Ike Antyon v. State (2×)
Tex. · 2015 · confidence medium
App. 1976) .......................................................9 Shaffer v. State, 562 S.W.2d 853, 855 (Tex. Crim.
discussed Cited as authority (rule) Kristy Sieffert v. State
Tex. App. · 2009 · confidence medium
Neither does driving slower than the posted speed; Viveros v. State , 828 S.W.2d 2, 3 (Tex.Crim.App. 1992); Shaffer v. State , 562 S.W.2d 853, 854-55 (Tex.Crim.App. 1978), nor nervousness; Green , 256 S.W.3d at 462 ; LeBlanc v. State , 138 S.W.3d 603 , 608 n.6 (Tex.App.–Houston [14 th Dist.] 2004, no pet.), by themselves, warrant reasonable suspicion.
discussed Cited as authority (rule) Kristy Sieffert v. State
Tex. App. · 2009 · confidence medium
Neither does driving slower than the posted speed; Viveros v. State , 828 S.W.2d 2, 3 (Tex.Crim.App. 1992); Shaffer v. State , 562 S.W.2d 853, 854-55 (Tex.Crim.App. 1978), nor nervousness; Green , 256 S.W.3d at 462 ; LeBlanc v. State , 138 S.W.3d 603 , 608 n.6 (Tex.App.–Houston [14 th Dist.] 2004, no pet.), by themselves, warrant reasonable suspicion.
discussed Cited as authority (rule) Sieffert v. State
Tex. App. · 2009 · confidence medium
Neither does driving slower than the posted speed; Viveros v. State, 828 S.W.2d 2, 3 (Tex.Crim.App.1992); Shaffer v. State, 562 S.W.2d 853, 854-55 (Tex.Crim.App.1978), nor nervousness; Green, 256 S.W.3d at 462 ; LeBlanc v. State, 138 S.W.3d 603 , 608 n. 6 (Tex.App.-Houston [14th Dist.] 2004, no pet.), by themselves, warrant reasonable suspicion.
discussed Cited as authority (rule) Kristy Sieffert v. State
Tex. App. · 2009 · confidence medium
Neither does driving slower than the posted speed; Viveros v. State, 828 S.W.2d 2, 3 (Tex.Crim.App. 1992); Shaffer v. State, 562 S.W.2d 853, 854-55 (Tex.Crim.App. 1978), 9 nor nervousness; Green, 256 S.W.3d at 462 ; LeBlanc v. State, 138 S.W.3d 603 , 608 n.6 (Tex.App.–Houston [14th Dist.] 2004, no pet.), by themselves, warrant reasonable suspicion.
discussed Cited as authority (rule) Sip Campbell, Individually and D/B/A Sips Oil & Gas v. Mike Campbell
Tex. App. · 2003 · confidence medium
Neither does driving slower than the posted speed; Viveros v. State , 828 S.W.2d 2, 3 (Tex.Crim.App. 1992); Shaffer v. State , 562 S.W.2d 853, 854-55 (Tex.Crim.App. 1978), nor nervousness; Green , 256 S.W.3d at 462 ; LeBlanc v. State , 138 S.W.3d 603 , 608 n.6 (Tex.App.–Houston [14 th Dist.] 2004, no pet.), by themselves, warrant reasonable suspicion.
discussed Cited as authority (rule) Klare v. State (2×)
Tex. App. · 2002 · confidence medium
U.S. v. Sokolow, 490 U.S. 1, 9 , 109 S.Ct. 1581, 1586 , 104 L.Ed.2d 1 (1989); Woods v. State, 956 S.W.2d 33, 38 (Tex.Crim.App.1997); Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
cited Cited as authority (rule) Irma Molina v. State
Tex. App. · 2001 · confidence medium
Illinois v. Gates , 462 U.S. 213, 230-31 (1983); Shaffer v. State , 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) Irma Molina v. State
Tex. App. · 2001 · confidence medium
Illinois v. Gates, 462 U.S. 213, 230-31 (1983); Shaffer v. State, 562 S.W.2d 853, 855 (Tex. Crim.
discussed Cited as authority (rule) State v. Fudge (2×)
Tex. App. · 2001 · confidence medium
Illinois v. Gates, 462 U.S. 213, 230-31 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983); Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978); Davis v. State, 794 S.W.2d 123, 125 (Tex.App.—Austin 1990, pet. ref’d).
cited Cited as authority (rule) Rene Adame v. State
Tex. App. · 2001 · confidence medium
Illinois v. Gates , 462 U.S. 213, 230-31 (1983); Shaffer v. State , 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) Rene Adame v. State
Tex. App. · 2001 · confidence medium
Illinois v. Gates, 462 U.S. 213, 230-31 (1983); Shaffer v. State, 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) State v. James Dean Fudge
Tex. App. · 2001 · confidence medium
Gates , 462 U.S. at 230-31 ; Shaffer v. State , 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) State v. James Dean Fudge
Tex. App. · 2001 · confidence medium
Illinois v. Gates, 462 U.S. 213, 230-31 (1983); Shaffer v. State, 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) State v. James Dean Fudge
Tex. App. · 2001 · confidence medium
Illinois v. Gates , 462 U.S. 213, 230-31 (1983); Shaffer v. State , 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) State v. James Dean Fudge
Tex. App. · 2001 · confidence medium
Gates, 462 U.S. at 230-31 ; Shaffer v. State, 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) State v. James Dean Fudge
Tex. App. · 2001 · confidence medium
Illinois v. Gates , 462 U.S. 213, 230-31 (1983); Shaffer v. State , 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) Carmouche v. State
Tex. Crim. App. · 2000 · confidence medium
See id. at 145-46 , 92 S.Ct. at 1922-23 ; Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
discussed Cited as authority (rule) Garcia v. State
Tex. App. · 1999 · confidence medium
See United States v. Mendenhall, 446 U.S. 544, 557 , 100 S.Ct. 1870, 1879 , 64 L.Ed.2d 497 (1980); Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978); State v. Sailo, 910 S.W.2d 184, 188 (Tex.App.—Fort Worth 1995, pet. ref'd); Davis v. State, 794 S.W.2d 123, 125 (Tex.App.—Austin 1990, pet. ref'd).
cited Cited as authority (rule) John Jay Davis, Jr. v. State
Tex. App. · 1999 · confidence medium
See Mendenhall , 446 U.S. at 561 (Powell, concurring); Shaffer v. State , 562 S.W.2d 853, 855 (Tex. Crim.
discussed Cited as authority (rule) Davis v. State
Tex. App. · 1999 · confidence medium
See Menden hall, 446 U.S. at 561, 100 S.Ct. 1870 (Powell, concurring); Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978); State v. Sailo, 910 S.W.2d 184, 188 (Tex.App.—Fort Worth 1995, pet. ref'd); Davis v. State, 794 S.W.2d 123, 125 (Tex.App.—Austin 1990, pet. ref'd).
cited Cited as authority (rule) Ortega v. State
Tex. App. · 1998 · confidence medium
See Viveros, 828 S.W.2d at 4 ; Shaffer v. State, 562 S.W.2d 853, 854 (Tex.Crim.App.1978).
cited Cited as authority (rule) Mimi G. Pratte v. State
Tex. App. · 1996 · confidence medium
Shaffer v. State , 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) State v. Sailo
Tex. App. · 1996 · confidence medium
United States v. Mendenhall, 446 U.S. 544, 561 , 100 S.Ct. 1870, 1881 , 64 L.Ed.2d 497, 514 (1980) (Powell, J., concurring); Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App. [Panel Op.] 1978).
cited Cited as authority (rule) Gaines v. State
Tex. App. · 1994 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978); Le Flore v. State, 819 S.W.2d 665, 667 (Tex.App.—Corpus Christi 1991, no pet.).
discussed Cited as authority (rule) MacKlin v. State
Tex. App. · 1993 · confidence medium
See Terry v. Ohio, 392 U.S. 1, 12-13, 29 , 88 S.Ct. 1868, 1875, 1884 , 20 L.Ed.2d 889 (1968); Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978); Tex.Code CRImPROcAnn. art. 38.23(a) (Vernon Supp.1993).
cited Cited as authority (rule) John Christopher Jumonville v. State
Tex. App. · 1993 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex. Crim.
cited Cited as authority (rule) K.P.S., Matter Of
Tex. App. · 1992 · confidence medium
W.M, 562 S.W.2d at 853; In the Matter of W.L.C., 562 S.W.2d at 455; In the Matter of H.R.A., 790 S.W.2d 102, 107-08 (Tex.App.—Beaumont 1990, no writ).
cited Cited as authority (rule) Matter of Kps
Tex. App. · 1992 · confidence medium
W.M., 562 S.W.2d at 853; In the Matter of W.L.C., 562 S.W.2d at 455; In the Matter of H.R.A., 790 S.W.2d 102, 107-08 (Tex. App.—Beaumont 1990, no writ).
cited Cited as authority (rule) Williams v. State
Tex. App. · 1992 · confidence medium
Gearing, 685 S.W.2d at 328 ; Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
discussed Cited as authority (rule) State v. Hammitt (2×)
Tex. App. · 1992 · confidence medium
United States v. Brignoni-Ponce, 422 U.S. 873, 880-881 , 95 S.Ct. 2574, 2579-2580 , 45 L.Ed.2d 607 (1975); Terry, supra, 392 U.S. at 1 , 88 S.Ct. at 1868 , 20 L.Ed.2d 889 ; Ablon, supra; Mann, supra; Hernandez, supra. See also Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
discussed Cited as authority (rule) State v. Como (2×)
Tex. App. · 1992 · confidence medium
United States v. Brignoni-Ponce, 422 U.S. 873, 880-881 , 95 S.Ct. 2574, 2579-2580 , 45 L.Ed.2d 607 (1975); Terry, supra, 392 U.S. at 1 , 88 S.Ct. at 1868 , 20 L.Ed.2d 889 ; Ablon, supra; Mann, supra; Hernandez, supra. See also Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
cited Cited as authority (rule) Le Flore v. State
Tex. App. · 1991 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
cited Cited as authority (rule) Smith v. State
Tex. App. · 1991 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978). *602 Here, appellant was observed sitting in an automobile parked on a dark and isolated road.
cited Cited as authority (rule) Davis v. State
Tex. App. · 1990 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Cr.App.1978).
cited Cited as authority (rule) Richardson v. State
Tex. App. · 1988 · confidence medium
Schaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
cited Cited as authority (rule) Jackson v. State
Tex. App. · 1987 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978); United States v. Brignoni-Ponce, 422 U.S. 873 , 95 S.Ct. 2574 , 45 L.Ed.2d 607 (1975).
cited Cited as authority (rule) Pringle v. State
Tex. App. · 1987 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
cited Cited as authority (rule) Holt v. State
Tex. App. · 1987 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
discussed Cited as authority (rule) Ariola v. State
Tex. App. · 1987 · confidence medium
The standard of review was summarized in Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978), as follows: A police officer may briefly stop a suspicious individual in order to determine his identity or to maintain the status quo momentarily while obtaining more information.
discussed Cited as authority (rule) Dickey v. State
Tex. Crim. App. · 1986 · confidence medium
United States v. Brignoni-Ponce, 422 U.S. 873, 880-881 , 95 S.Ct. 2574, 2579-2580 , 45 L.Ed.2d 607 (1975); Terry, supra, 392 U.S. at 1 , 88 S.Ct. at 1868 , 20 L.Ed.2d 889 ; Ablon, supra; Mann, supra; Hernandez, supra. See also Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Cr.App.1978).
discussed Cited as authority (rule) Hoag v. State (2×)
Tex. App. · 1985 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
discussed Cited as authority (rule) Miller v. State (2×)
Tex. App. · 1985 · confidence medium
Shaffer v. State, 562 S.W.2d 853, 854 (Tex.Crim.App.1978).
cited Cited as authority (rule) Jackson v. State
Tex. App. · 1984 · confidence medium
“Where events are as consistent with innocent activity as with criminal activity, detention based on those events is unlawful.” Shaffer v. State, 562 S.W.2d 853, 855 (Tex.Crim.App.1978).
discussed Cited "see" David Allen Cronin v. State
Tex. App. · 2005 · signal: see · confidence high
See Shaffer v. State, 562 S.W.2d 853, 854 (Tex. Crim.
Charles William SHAFFER, Appellant,
v.
the STATE of Texas, Appellee
53945.
Court of Criminal Appeals of Texas.
Jan 25, 1978.
562 S.W.2d 853
Leonard C. Kahn and Donald F. Maier-son, Houston, for appellant., Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III and Michol O’Connor, Asst. Dist. Attys., Houston, for the State.
Davis, Dally.
Cited by 103 opinions  |  Published

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction of carrying a handgun, V.T.C.A., Penal Code, Sec. 46.02(a). Trial was to the court and punishment was assessed at a fine of $125.00 and thirty days in jail, which was probated.

On September 24, 1975, at approximately 3:00 a. m., Officer Sanduske of the South-side Police observed the appellant driving his taxicab about 5-10 miles per hour in the 4000 block of Bellaire Boulevard. This is a commercial area. All businesses were closed. There were no pedestrians; there was no other traffic. Appellant stopped mid-block, drove slowly to the intersection of Bellaire and Stella Link, where he stopped at a green light, turned and continued in this manner. The officer testified that he stopped the appellant because he suspected him of being either ill or drunk, due to the slow speed in which he was traveling, and for no other reason. After the initial stop, a subsequent search of the cab led to the discovery of a pistol under the front seat.

In appellant’s sole ground of error, he urges that the trial court erred in overruling his motion to suppress and trial objection to the admission of the handgun into evidence. The case of Armstrong v. State, 550 S.W.2d 25 (Tex.Cr.App.1977) contains a thorough discussion of the applicable law, here summarized.

[*855] A police officer may briefly stop a suspicious individual in order to determine his identity or to maintain the status quo momentarily while obtaining more information. An occupant of an automobile is just as subject to a brief detention as is a pedestrian. Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972). Circumstances short of probable cause for an arrest may justify temporary detention for the purpose of investigation since an investigation is considered to be a lesser intrusion upon the personal security of the individual. Leighton v. State, 544 S.W.2d 394 (Tex.Cr.App.1976). The totality of the circumstances surrounding the incident are looked to in determining whether the police conduct may be reasonable. State v. Hocker, 113 Ariz. 450, 556 P.2d 784 (1976). In order to justify the intrusion, the law enforcement officer must have specific articu-lable facts which, in light of his experience and personal knowledge, together with other inferences from those facts, would reasonably warrant the intrusion of the freedom of the citizen detained for further investigation. U. S. v. Brignoni-Ponce, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975). Thus, even in the absence of bad faith, detention based “on a mere hunch” is illegal. There must be a reasonable suspicion by the officer that some activity out of the ordinary is occurring or had occurred, some suggestion to connect the detained person with the unusual activity, and some indication that the activity is related to crime. Where the events are as consistent with innocent activity as with criminal activity, a detention based on those events is unlawful. Irwin v. Superior Court of Los Angeles County, 1 Cal.3d 423, 82 Cal.Rptr. 484, 462 P.2d 12 (1969).

In the instant case, Officer San-duske had suspicion but not an articulable fact. Appellant had violated no traffic law nor committed a crime in the officer’s presence. McDougald v. State, 547 S.W.2d 40 (Tex.Cr.App.1977). The officer had not observed erratic driving after being informed of a prior traffic violation. Greer v. State, 544 S.W.2d 125 (Tex.Cr.App.1976). This was not a high crime area. Amorella v. State, 554 S.W.2d 700 (Tex.Cr.App.1977). Nor was this initial stop pursuant to a routine check of equipment and drivers’ licenses authorized by V.A.C.S., Art. 6687b, Sec. 13. Tardiff v. State, 548 S.W.2d 380 (Tex.Cr.App.1977); cf. Faulkner v. State, 549 S.W.2d 1 (Tex.Cr.App.1977); Fatemi v. State, 558 S.W.2d 463 (November 9, 1977). As the initial stop was without probable cause, the handgun obtained as a result was inadmissible. Wong Sun v. U. S., 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963); Brown v. State, 481 S.W.2d 106 (Tex.Cr.App.1972).

The judgment is reversed and the cause remanded.