Furr, Chris
PD-0212-15
Tex. App.Jul 9, 2015Background
- Police received an anonymous tip that two men, described by clothing, were using drugs near the Mother Teresa homeless shelter in a high-crime/high-drug area.
- Officers went to the location and found two men matching the description walking together.
- When a patrol car passed, both men looked back; upon officers approaching, Furr separated from his companion, repeatedly looked over his shoulder, and walked into the shelter.
- Inside the shelter Furr was nervous, sweating, appeared "out of it" (possibly intoxicated), and did not answer when asked whether he had a weapon.
- Officers detained Furr and performed a pat-down; a crack pipe was discovered. The trial court denied Furr's motion to suppress; the Thirteenth Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Furr) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether encounter was a seizure (detention) | Initial contact was consensual; suppression burden not met | Contact remained consensual until frisk; defendant must prove seizure occurred earlier | Court treated encounter as consensual until frisk; suppression denied |
| Whether anonymous tip + circumstances gave reasonable suspicion to detain | Anonymous tip alone insufficient; facts did not reliably corroborate recent drug use | Tip was contemporaneous and corroborated by clothing, location, and behavior | Totality of circumstances supplied reasonable suspicion to investigate |
| Whether furtive flight/lookbacks and demeanor supported reasonable suspicion | Glances and movement could be innocent; sweating common in region | Repeated glances, change of course upon police approach, nervousness, unresponsiveness, and apparent intoxication supported suspicion | Court found flight and demeanor were significant and contributed to reasonable suspicion |
| Whether frisk (Terry pat-down) was justified (armed and dangerous) | No specific facts showed Furr was armed or dangerous to justify a frisk | Drug use in a high-crime setting, failure to answer weapon question, furtive behavior, and intoxication justified belief he might be armed and dangerous | Court held frisk reasonable under Terry and affirmed denial of suppression |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes standard for investigatory stops and protective frisks)
- Navarette v. California, 134 S. Ct. 1683 (2014) (anonymous tip can supply reasonable suspicion when corroborated)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (flight from police in a high-crime area is a factor supporting reasonable suspicion)
- Alabama v. White, 496 U.S. 325 (1990) (anonymous tip reliability principles)
- Brendlin v. California, 551 U.S. 249 (2007) (passenger is seized when police effect a stop)
- State v. Castleberry, 332 S.W.3d 460 (Tex. Crim. App.) (consensual encounters vs. seizures)
- Matthews v. State, 431 S.W.3d 596 (Tex. Crim. App.) (totality-of-circumstances approach to reasonable suspicion)
- Griffin v. State, 215 S.W.3d 403 (Tex. Crim. App.) (recognizing drug-related encounters may justify officer safety searches)
- Carmouche v. State, 10 S.W.3d 323 (Tex. Crim. App.) (frisk requires specific articulable facts suggesting the suspect is armed and dangerous)