Arguellez v. Texas

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Appellant was observed taking photographs of patrons at a municipal swimming pool at a public park. The subjects of these photographs included women and children who were wearing swimming suits. Police were notified, and patrol officers responded. In the statement, appellant acknowledged taking photos of women and a girl in bathing suits, but asserted that the photos were taken "just to see if the pictures come out good." Appellant was charged with multiple offenses of improper photography, a state-jail felony. The trial court denied his motions to suppress, and appellant then plead nolo contendere to both indictments. After a punishment hearing, the trial court sentenced him to twenty months' confinement in state jail and imposed a $2,500 fine in each case, with the sentences to run concurrently. On direct appeal, appellant raised one issue: "Does merely taking photographs at a public pool give police reasonable suspicion to stop appellant's vehicle?" The court of appeals overruled that single issue and affirmed the trial court's judgments. The issues before the Supreme Court on appeal of that order was whether a crime "is afoot" when a person takes pictures at a public pool permitting a police officer to conduct an investigative detention?" The Supreme Court responded in the negative, and reversed the court of appeals' judgments. View "Arguellez v. Texas" on Justia Law