Furr, Chris
PD-0212-15
Tex. App.Mar 2, 2015Background
- On August 28, 2012, police received an anonymous call reporting two white males "using drugs" near the Mother Teresa homeless shelter (513 Sam Rankin Dr.), with a basic clothing description only.
- Officer Alvarez located and detained one matching person (Collier); the other (Chris Furr) walked toward the shelter and was followed by officers.
- Officers Ayala and Alvarez contacted Furr inside the shelter yard; neither observed drugs or criminal activity prior to contact.
- Ayala testified Furr appeared nervous, sweating, "out of it," and initially did not answer when asked if he had a weapon; Ayala then conducted a Terry pat-down and felt an object he believed a crack pipe, leading to removal of paraphernalia and discovery of heroin in Furr’s wallet.
- Furr moved to suppress; the trial court denied the motion. On appeal the Thirteenth Court of Appeals affirmed, concluding the totality of circumstances provided reasonable suspicion to frisk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an anonymous tip that persons near a shelter are "using drugs" justified a stop and frisk of Furr | Furr: anonymous, uncorroborated tip lacks indicia of reliability; matching a vague description and minor nervous behavior is insufficient for reasonable suspicion to frisk | State: tip plus matching description, high-crime area, furtive movement, nervousness, and failure to immediately answer about weapons together supported reasonable suspicion to detain and frisk | Court: Affirmed—viewing facts in light most favorable to trial court, the tip plus Furr’s appearance (nervous/appearing under influence) and his initial silence when asked about a weapon provided reasonable suspicion to frisk under totality of circumstances |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes standard for stop-and-frisk: specific, articulable facts required)
- Florida v. J.L., 529 U.S. 266 (2000) (an anonymous tip identifying only observable facts does not alone establish reasonable suspicion of illegality)
- Alabama v. White, 496 U.S. 325 (1990) (anonymous tip may supply reasonable suspicion if sufficiently corroborated, especially by predictive information)
- Navarette v. California, 134 S. Ct. 1683 (2014) (contemporaneous reports to 911 may have indicia of reliability but anonymity still raises concerns)
- Matthews v. State, 431 S.W.3d 596 (Tex. Crim. App. 2014) (an anonymous tip alone is seldom sufficient; amount of corroboration required depends on informant reliability)
- Wade v. State, 422 S.W.3d 661 (Tex. Crim. App. 2013) (reasonable suspicion to frisk requires indicia that suspect might be armed and dangerous)