Court of Criminal Appeals of Texas
Floyd Ray Gearing, Appellant v. the State of Texas, Appellee
February 13, 19851985 Tex. Crim. App. LEXIS 1219
Summary
The Court of Criminal Appeals of Texas affirmed the Court of Appeals' judgment, holding that the officer's investigative stop was lawful, the pistol was seized in plain view, and the appellant waived any Fourth Amendment error by stating no objection at trial. Two dissenting opinions argued the detention was unlawful and the evidence should have been suppressed.