Woods v. State (1997)

In Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1997), the Court of Criminal Appeals rejected such an analysis, holding that "the 'as consistent with innocent activity as with criminal activity' construct is no longer a viable test for determining reasonable suspicion." Woods, 956 S.W.2d at 38. The Court of Criminal Appeals observed, "We recognize that there may be instances when a person's conduct viewed in a vacuum, appears purely innocent, yet when viewed in light of the totality of the circumstances, those actions give rise to reasonable suspicion." Id.