Trichter & LeGrand DWI Lawyers

Interestingly, the Texas Court of Criminal Appeals on 9/11/133, 9/11’s 12th anniversary, gave approval to a definition that describes the characteristics of the American Citizen. 

In a case styled State of Texas v. Christopher James Wade, where nervousness and a refusal to cooperate were deemed insufficient facts to justify a detention or frisk, the CCA  said:

“Who, then, is the American ‘reasonable person’ when it comes to police interactions? 

A review of the case law above provides some characteristics. 

He is someone who knows his rights and feels free to exercise them. 

He is not intimidated by the police, whether they are alone or in a group, in uniform or in plain clothes. 

He knows that when questioned, he can refuse to answer, and when asked for identification, he can decline to comply. 

He always feels free to end the encounter even if physically constrained by his surroundings and even if the police persist in their attempts to engage him in conversation. 

He rests secure in the knowledge that no physical harm will result and that the police cannot legally draw an inference of criminality from his refusal to cooperate. 

In short, he regards an encounter with police as no different from one with a panhandler on the street, a religious proselytizer at his doorstep, or a Hare Krishna in the airport.”

Well, now we know the approved Texas judicial definition of who we are as Americans. 

To me, the CCA could have shortened the description to say ” people who act like John Wayne and Clint Eastwood”.  

I wonder if anyone will now tell the police who we Americans are? 

What do you think?


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