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Does Leming Change the Law on Reasonable Suspicion for a Traffic Stop?

A divided Texas Court of Criminal Appeals issued a decision in April 2016 that on first glance seems to have rejected 23 years of established case law surrounding the issue of reasonable suspicion to stop a driver.

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It may be that Leming is just another in a series of decisions that attempts to redefine the outer bounds of what might pass for specific and articulable facts to support a finding of reasonable suspicion. Just as important as the unique facts presented, Leming is a split decision with only 4 members agreeing with the holding. A plurality opinion does not carry the force of binding precedent. State ex rel. Hill v. Pirtle, 887 S.W.2d 921, 943 (Tex.Crim.App.1994); Jasper v. State, 61 S.W.3d 413, 421 (Tex.Crim.App.2001).

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