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WADE v. STATE

No. PD-1710-12.

422 S.W.3d 661 (2013)

Christopher James WADE, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

September 11, 2013.

Attorney(s) appearing for the Case

Charles W. McDonald , Waco, TX, for Appellant.

Alex J. Bell , Assistant District Attorney, Waco, TX, Lisa C. McMinn , State's Attorney, Austin, TX, for the State.

OPINION

COCHRAN, J., delivered the opinion of the Court in which KELLER, P.J., and PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and ALCALA, J., joined.

The Supreme Court has consistently held that a person's refusal to cooperate with a police request during a consensual encounter cannot, by itself, provide the basis for a detention or Terry frisk.1 Because appellant's refusal...

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