What Is Reasonable Suspicion in Texas?
Reasonable suspicion is the legal standard police must meet before they can pull you over or temporarily detain you. It requires more than a hunch or gut feeling. Officers must point to specific, articulable facts that suggest criminal activity is happening. Without it, the stop is unconstitutional, and any evidence gathered can be thrown out of court.
On December 19, 2025, the Texas Court of Criminal Appeals reminded law enforcement of this rule in Hernandez v. State. The court threw out a conviction because an officer stopped a driver without reasonable suspicion, despite the stop having been upheld at the trial and intermediate court level.
At Varghese Summersett, our criminal defense attorneys have built careers challenging unlawful stops in Fort Worth, Dallas, Houston, and courts across Texas. If you were stopped, searched, or arrested after a traffic stop you believe was illegal, call us at (817) 203-2220 for a free consultation.
The Legal Definition of Reasonable Suspicion
The Fourth Amendment to the U.S. Constitution and Article I, Section 9 of the Texas Constitution protect you from unreasonable searches and seizures. A traffic stop counts as a “seizure” under the law. That means police need a valid legal reason to pull you over.
Reasonable suspicion sits between a mere hunch and probable cause (the higher standard needed for an arrest). To meet this standard, an officer must identify specific facts that, combined with rational inferences from their training and experience, suggest criminal activity is occurring or about to occur.
The U.S. Supreme Court established this standard in Terry v. Ohio (1968), and Texas courts have applied it consistently ever since. The key word is “specific.” Officers cannot rely on vague feelings or generalized suspicions. They must be able to explain exactly what facts made them believe a crime was happening.
What Counts as Reasonable Suspicion for a Traffic Stop
Texas courts have recognized several situations where reasonable suspicion exists:
- Traffic violations: Speeding, running a red light, failing to signal, expired registration, or broken taillights give officers clear grounds to stop you.
- Erratic driving: Weaving between lanes, driving significantly below the speed limit on a highway, or other behavior consistent with impairment can justify a stop.
- Reliable witness reports: A detailed, corroborated tip describing specific criminal activity and a particular vehicle may support reasonable suspicion.
- Plain view observations: If an officer sees contraband or evidence of a crime through your window while lawfully positioned, this can justify further action.
- Matching a suspect description: If you closely match a detailed description from a recent crime report in the immediate area, officers may have grounds to stop you briefly.
What Does NOT Count as Reasonable Suspicion
Just as important is knowing what police cannot use to justify a stop:
- Driving in a “high crime” area: Your presence in a particular neighborhood, standing alone, is not reasonable suspicion.
- Looking nervous: Many innocent people feel anxious around police. Nervousness alone cannot justify a stop.
- Driving slowly: Unless you’re impeding traffic or driving dangerously below the limit, slow driving is legal.
- Vague anonymous tips: A caller saying someone looks “suspicious” without describing criminal behavior is not enough.
- Race, ethnicity, or appearance: Stops based on how you look rather than what you’re doing are unconstitutional.
- Time of day: Driving late at night is not a crime and cannot be the sole basis for a stop.
In 2023, our attorneys represented a client in Tarrant County who was pulled over because he was driving a “nice car” through a certain neighborhood at night. The officer admitted he had no other reason for the stop. We filed a motion to suppress, the court agreed the stop was unlawful, and the felony drug charges were dismissed.
The Hernandez v. State Ruling: A Landmark Victory for Drivers
The Texas Court of Criminal Appeals just handed down a decision that reinforces reasonable suspicion protections for every Texas driver. In Hernandez v. State (PD-0176-25), decided December 19, 2025, the court reversed a conviction because the initial traffic stop lacked reasonable suspicion.
What Happened in This Case
It started with an anonymous 911 call. A woman reported seeing a “suspicious” four-door Chevrolet Silverado driving slowly through rural Willacy County. She didn’t report any crime. She didn’t describe dangerous driving. Just a truck moving slowly.
Thirty minutes later, Officer Garcia arrived. He didn’t find a Chevrolet Silverado. Instead, he spotted a completely different pickup truck on a dirt road. Despite the vehicle not matching the caller’s description and the driver committing no traffic violation, Officer Garcia activated his emergency lights.
Mr. Hernandez continued at a slow pace before stopping to open a gate on the property. A physical altercation followed, and Hernandez was arrested for evading arrest or detention with a motor vehicle under Texas Penal Code § 38.04.
The 197th District Court of Willacy County convicted him. The Thirteenth Court of Appeals affirmed. But the Texas Court of Criminal Appeals saw it differently.
The Court’s Reasoning
Writing for the court, Judge Lee Finley held that no rational juror could conclude beyond a reasonable doubt that Officer Garcia had reasonable suspicion. The court’s analysis was direct:
The vehicle didn’t match the 911 caller’s description. The driver wasn’t breaking any traffic laws. Driving slowly on a rural dirt road isn’t criminal. Officer Garcia had no specific, articulable facts linking Mr. Hernandez to any crime.
Because the initial stop was unlawful, the evading arrest charge collapsed. You cannot evade a “lawful detention” when there was no lawful basis for the detention in the first place. The court rendered a judgment of acquittal, meaning the case is over and Mr. Hernandez is free.
How Anonymous Tips Affect Reasonable Suspicion
Anonymous 911 calls present a unique challenge for courts. The caller’s credibility cannot be verified, so Texas law treats these tips with healthy skepticism.
An anonymous tip alone is usually not enough to justify a stop. Under Texas law, officers must independently corroborate specific details before acting. The tip must also describe actual criminal behavior, not just something that seems “off” to the caller.
The U.S. Supreme Court addressed this in Navarette v. California (2014). The Court held that a 911 call can support reasonable suspicion if it includes enough specific details that officers can verify. But even a detailed tip must describe criminal conduct. Reporting that someone is “driving slowly” or “looks suspicious” doesn’t cut it.
In Hernandez, the anonymous caller only said a vehicle looked suspicious. That’s not a crime. And Officer Garcia compounded the problem by stopping a vehicle that didn’t even match the description. The stop was doomed from the start.
If you were stopped based on an anonymous tip, our attorneys will examine whether police had enough verified information to justify the stop. In many cases, they don’t.
Why Reasonable Suspicion Matters for Your Case
A traffic stop might seem minor, but it’s often the first domino in a chain that leads to serious criminal charges. Once an officer pulls you over, they can:
- Ask questions that lead to incriminating statements
- Claim to smell marijuana or alcohol, justifying a search
- Run your information and discover unrelated warrants
- Request field sobriety tests that lead to DWI arrests
- Search your vehicle if they develop probable cause
Every one of these outcomes depends on the initial stop being lawful. If the stop lacked reasonable suspicion, everything that followed can potentially be challenged under the “fruit of the poisonous tree” doctrine. This legal principle holds that evidence obtained through unconstitutional means cannot be used against you.
Challenging an Unlawful Stop: Defenses That Work
When police violate your constitutional rights, Texas law gives you tools to fight back. Here’s how our attorneys challenge unlawful stops:
Motion to Suppress Evidence
This is the most powerful tool in cases involving questionable stops. If the court finds the stop was unconstitutional, any evidence obtained as a result (drugs, weapons, breath test results, statements) gets excluded from trial. Without evidence, prosecutors often have no choice but to dismiss or significantly reduce charges.
Challenging Officer Testimony
Officers must articulate specific facts justifying the stop. We obtain dashcam footage, bodycam recordings, and police reports, then scrutinize them for inconsistencies. If an officer’s story doesn’t add up or their stated reasons don’t match the video evidence, the stop may be deemed unlawful.
Attacking Anonymous Tip Reliability
As Hernandez demonstrates, anonymous tips require corroboration. We examine 911 recordings and compare them to the officer’s observations. If police acted on a vague tip without verification, we challenge the stop’s validity.
Proving the Vehicle Didn’t Match
In Hernandez, the officer stopped a truck that didn’t match the caller’s description at all. We look for similar discrepancies in every case. If officers stopped the wrong vehicle or couldn’t have reasonably believed your car matched a reported description, the stop fails.
Demonstrating Legal Activity
Driving slowly, being out late, looking away from an officer, or being in a certain neighborhood are not crimes. We hold officers to the constitutional standard they must meet, forcing them to identify actual criminal indicators rather than hunches.
Evading Arrest Charges: Why the Stop Matters
Mr. Hernandez was charged under Texas Penal Code § 38.04, which makes it a crime to intentionally flee from someone you know is a peace officer attempting a lawful detention or arrest.
The statute requires the underlying detention or arrest to be “lawful.” This is the element that destroyed the prosecution’s case in Hernandez. If police had no right to stop you in the first place, you cannot be convicted of evading that stop.
Evading arrest with a motor vehicle is typically a state jail felony, carrying 180 days to two years in a state jail facility. If someone suffers serious bodily injury during the pursuit, the charge elevates to a third-degree felony with two to ten years in prison.
We’ve successfully defended evading cases by attacking the lawfulness of the stop. In one Fort Worth case, our client faced felony evading charges after a pursuit through multiple neighborhoods. By demonstrating that the officer who initiated the stop had no reasonable suspicion, we got the felony charge dismissed.
What to Do If You’re Pulled Over
Knowing your rights during a traffic stop can protect you from unlawful searches and questionable charges.
Stay calm and keep your hands visible. Place your hands on the steering wheel where the officer can see them. This reduces tension and prevents misunderstandings.
Provide required documents. You must give the officer your driver’s license, registration, and proof of insurance. Refusing these can lead to additional charges.
Exercise your right to remain silent. Beyond identifying yourself, you don’t have to answer questions about where you’re going, where you’ve been, or what you’ve been doing. A polite “I prefer not to answer questions” is sufficient.
Refuse consent to search. If an officer asks to search your vehicle, you can say no. Without your consent, they need probable cause or a warrant. Your refusal cannot be used against you in court.
Don’t physically resist. Even if the stop is unlawful, resisting creates additional charges and risks your safety. Assert your rights verbally, comply with the officer’s instructions, and challenge the stop later with your attorney.
Document everything afterward. Write down the officer’s name and badge number, the time and location, what was said, and the names of any witnesses. This information helps your attorney challenge the stop.
What Happens After You Call Varghese Summersett
Facing criminal charges after a traffic stop is stressful. Here’s what you can expect when you reach out to our firm:
Free initial consultation. We’ll listen to what happened, review the circumstances of your stop and arrest, and give you an honest assessment of your options.
Comprehensive investigation. Our team obtains all available evidence: police reports, dashcam and bodycam footage, 911 recordings, dispatch logs, and witness statements. We look for every weakness in the prosecution’s case.
Strategic motion practice. If your rights were violated, we file motions to suppress evidence. We’ve secured dismissals and reductions in countless cases after successful suppression hearings.
Trial-ready defense. While many cases resolve before trial, we prepare every case as if it’s going before a jury. Prosecutors know we’re willing to fight, which strengthens our negotiating position.
Clear, consistent communication. You’ll always know where your case stands. We return calls promptly and explain each step without legal jargon.
Frequently Asked Questions About Reasonable Suspicion
Can police pull me over just for being in a “bad” neighborhood?
No. Your presence in a particular area, by itself, is not reasonable suspicion. Officers must observe specific facts suggesting criminal activity. Texas courts have repeatedly rejected stops based solely on location.
What if an anonymous caller reported my vehicle?
An anonymous tip alone is usually not enough. Officers must corroborate specific details from the tip before stopping you. The tip must also describe actual criminal behavior, not just “suspicious” activity. As Hernandez shows, vague tips about slow driving don’t justify stops.
Can an officer search my car after pulling me over?
Only under certain conditions. They can search if you consent, if they have probable cause to believe there’s contraband, if you’re arrested and the search is incident to that arrest, or if they have a warrant. You have the right to refuse consent, and you should.
What happens if the stop was unlawful but I’m already charged?
Contact an attorney immediately. Evidence from an unlawful stop can often be suppressed through a motion hearing. If key evidence is thrown out, prosecutors frequently dismiss or reduce charges. Don’t plead guilty without exploring this option.
Does the Hernandez ruling apply throughout Texas?
Yes. The Texas Court of Criminal Appeals is the highest criminal court in the state. Its decisions are binding on every Texas court. This ruling strengthens reasonable suspicion protections statewide.
How long do I have to challenge an unlawful stop?
Timing depends on your case’s procedural posture. Motions to suppress must typically be filed before trial. If you’ve already been convicted, you may have appeal options, but deadlines are strict. Contact an attorney as soon as possible to preserve your rights.
Protect Your Rights with an Experienced Texas Criminal Defense Attorney
The Hernandez v. State ruling is a powerful reminder that police must follow the Constitution. But court decisions only protect you if you have an attorney who knows how to use them.
At Varghese Summersett, our defense team includes former prosecutors who understand how the other side thinks, board-certified criminal law specialists, and attorneys who have handled thousands of cases in Texas courts. We know how to spot unlawful stops, build winning suppression motions, and hold the government to its burden of proof.
With more than 70 team members across offices in Fort Worth, Dallas, Houston, and Southlake, we have the resources to thoroughly investigate your case and fight for the best possible outcome. Our attorneys have earned recognition from Super Lawyers, Texas Monthly, and the National Trial Lawyers, and our firm has been named to the Inc. 5000 list of fastest-growing companies.
If you’ve been arrested after a traffic stop you believe was unlawful, time matters. Evidence must be preserved, and legal deadlines are unforgiving. Call (817) 203-2220 today for a free, confidential consultation. Let us review your case and explain your options. You have rights. We’re here to protect them.
