Texas-Book-Gun Law Armed And Educated - Flipbook - Page 54
Just how easy is it for an officer to decide he has reasonable suspicion
to search you? In Texas, a quick-thinking officer can justify a Terry
Stop and frisk of virtually anyone he decides is suspicious. Texas
currently has a law on the books that criminalizes the “obstruction of
a public roadway.” Not only does this include roads and highways,
but it has also been extended to cover city sidewalks! If an officer
sees you walking down the sidewalk and decides that he wants to
search you, all he has to do is wait for you to stop and look at your
phone, bend over to tie your shoe, or stop to look into a storefront. He
now has reasonable suspicion that you are committing the crime of
obstructing the public sidewalk! Terry v. Ohio gives him permission
to detain and search you for weapons and other contraband.
In 2017, the United States Fourth Circuit Court of Appeals issued an
opinion in the case U.S. v. Robinson, 846 F.3d 694 (4th Cir. 2017),
which addressed a stop and frisk search situation that is relevant to
all legal firearm owners. The Court reasoned that an anonymous
tip about the presence of a firearm triggered a police officer’s right
to engage in a Terry Stop, even if the act of carrying a firearm
is not illegal under state law. Under the reasoning of the Fourth
Circuit’s opinion, anyone exercising their Second Amendment
rights effectively surrenders their Fourth Amendment rights against
warrantless detentions and searches.
B. On-site arrest
In Texas, the police have been given broad powers of arrest any time
an officer has probable cause to believe someone is violating almost
any law, from serious felonies to minor municipal ordinances.
There are only two exceptions:
1) a person must be given a summons and cannot be arrested for
speeding less than 25 miles over the speed limit; or
2) having an open container of alcohol in their car.
Know Your Rights: Part III | 43
