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Rawlins v. State

1/29/1998

was found to have contained various controlled substances. Holding that the police officer had reasonable suspicion, this Court relied on the late hour of the activity, the location of the vehicle in a closed, unlighted site, and the fact that burglaries had been reported in the area. Id. at 190.


Although driving behind a closed restaurant is not an inherently illegal act, Rawlins' activity was indeed unusual behavior. Similar to Bailey, the totality of the circumstances justified the stop. The late hour, the fact that Rawlins was driving behind a closed, unlighted restaurant, and the reported burglaries support Gohlke's reasonable suspicion. Her decision to pull Rawlins over was based on more than a mere hunch. Viewing the totality of the circumstances, we conclude that Gohlke had reasonable suspicion to pull Rawlins over, and thus the investigatory stop was valid. See Woods, slip op. at 12. Thus, the trial court did not err in overruling Rawlins' motion to suppress. Accordingly, we overrule Rawlins' point of error.


We affirm the trial court's judgment.


Do Not Publish


Tex. R. App. P. 47


960999F.U05




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