Can Police Stop a Car Driving Near ''Burglar Alarm Scene'' ?
In Lopez v. State, 663 S.W.2d 587, 590 (Tex.App.-Houston[1st Dist] 1983, pet. ref'd), the police heard a burglar alarm, and then observed appellant driving erratically away from the scene. Lopez, 663 S.W.2d at 589. the police temporarily detained appellant to investigate the possibility of a crime. Id.
The officers did not stop Lopez for a traffic infraction. Id.
At the hearing on appellant's motion to suppress, the officer testified that Lopez consented to the search of his automobile, and Lopez said he did not consent. Id.
The trial judge resolved the disputed facts in favor of the State. Lopez, 663 S.W.2d at 591.