Court of Criminal Appeals of Texas

David Wayne Loesch, Appellant v. the State of Texas

December 18, 19971997 Tex. Crim. App. LEXIS 114

Summary

The Court of Criminal Appeals vacated the Court of Appeals judgment and remanded for further proceedings, holding that appellate review of reasonable suspicion must be de novo and must consider the totality of the circumstances, rejecting the "as consistent with innocent activity" test. Two dissenting judges argue the majority improperly reversed and remanded.