Glass v. State

In Glass v. State, 681 S.W.2d 599 (Tex. Crim. App. 1984), an unidentified caller reported that occupants of two automobiles described as a brown-over-beige El Camino and a blue Fairlane were shooting at each other at or near the intersection of two streets. 681 S.W.2d at 600. Two patrol officers heard the dispatch and went to the intersection, but initially saw no unusual activity occurring. Id. After three or four minutes, however, they saw a brown-over-beige El Camino traveling on one of the streets, and they stopped the vehicle. Id. The court held that the officers lacked reasonable suspicion to stop the vehicle because the record did not reflect when the alleged incident occurred or when the anonymous report was received, and without any proximity of the stop to the alleged events "it would not be reasonable to conclude, solely on the basis of the match of color and make of the car, that the car stopped was the car involved in the reported incident." Id. at 601. In Glass v. State, a dispatcher for the Austin Police Department received a call from an anonymous person who stated that the drivers of a "brown over beige El Camino" and a "blue Fairlane" were shooting at each other near the intersection of Parker and Oltorf Streets. Id. at 600. After stationing themselves at the reported intersection, Austin police officers spotted a brown and beige El Camino. Id. The officers stopped the vehicle and asked the driver to step out. Id. at 601. A search of the passenger compartment revealed two pistols and methamphetamine. Id. The court of criminal appeals concluded that the investigative stop did not meet the standards set forth in Terry v. Ohio. Specifically, the court noted: "In this instance, the record does not reflect when the alleged incident occurred or when the anonymous report was received, and therefore does not show any proximity of time of the stop to the events held by the court of appeals to justify the stop of the vehicle appellant had been driving. Without such proximity in time, it would not be reasonable to conclude, solely on the basis of the match of color and make of the car, that the car stopped was the car involved in the reported incident. Thus, the record does not support a finding that the anonymous tip authorized the stop of the automobile driven by appellant." Id. at 601-02 .