Cook v. State (1999)

In Cook v. State, 1 S.W.3d 722, 726 (Tex. App.--El Paso 1999, no pet.), a police officer saw two people standing close together conducting what the officer believed was a drug deal. Id. One of the persons had a hand held out, which was covered by "a white kleenex or baggy" and was "flipping through something with his thumb as if he were counting something and showing it." Id. at 725. The El Paso Court of Appeals held mere presence in a high-crime area, by itself, was insufficient to create reasonable suspicion. Id. at 726. Because the police officer did not observe what was in appellant's hand, the court concluded the police officer lacked reasonable suspicion. Id.