State v. Elias

339 S.W.3d 667, 2011 Tex. Crim. App. LEXIS 448, 2011 WL 1267248
CourtCourt of Criminal Appeals of Texas
DecidedApril 6, 2011
DocketPD-0735-10
StatusPublished
Cited by260 cases

This text of 339 S.W.3d 667 (State v. Elias) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Elias, 339 S.W.3d 667, 2011 Tex. Crim. App. LEXIS 448, 2011 WL 1267248 (Tex. 2011).

Opinions

OPINION

PRICE, J.,

delivered the opinion of the Court

in which MEYERS, KEASLER, HERVEY and COCHRAN, JJ., joined.

In this felony prosecution for possession of marihuana, the State appealed from the trial court’s grant of the appellee’s motion to suppress evidence that the appellee contended was obtained as a result of an illegal traffic stop. The El Paso Court of Appeals affirmed the trial court’s ruling in an unpublished opinion, holding that the appellee’s initial detention was not justified by specific articulable facts to show that a traffic violation occurred, and that the search could not be otherwise justified by the fact that, after the initial stop, the appellee was found to have an outstanding arrest warrant that might give rise to a valid search incident to arrest because by the time the search of the vehicle was conducted, the appellee had been secured in the back of a squad car.1 We granted [669]*669the State’s petition for discretionary review to examine both holdings and now vacate the judgment of the court of appeals and remand for further proceedings.

FACTS AND PROCEDURAL POSTURE

Motion to Suppress

The appellee was indicted for the offense of possession of more than 2000 pounds of marihuana, essentially a first degree felony carrying the possibility of an enhanced fine.2 Prior to trial, the appellee filed a motion to suppress evidence stemming from his detention in this case and a pretrial hearing was conducted. Only one witness testified at the pretrial hearing, El Paso County Sheriffs Deputy Eduardo Sanchez, Jr.

Sanchez testified that he was a K-9 officer assigned to the metro narcotics task force. At around 1:00 p.m. on September 7, 2007, Sanchez was “driving around” with his narcotics-sniffing dog when he received a radio call from Detective Benjamin Pe-rales. Perales advised Sanchez to be on the lookout for a white cargo van that Perales suspected “was possibly loaded with narcotics.” At around 2:00 p.m., Sanchez was traveling about fifty miles per hour, northbound on Zaragosa, when he approached a street to his left that terminated at Zaragosa, Sombra del Sol. Before reaching the intersection, Sanchez noticed a white Chevy van, “positioned and in a situation where it would have to make a right hand turn” from Sombra del Sol onto Zaragosa. As he approached the van, Sanchez noticed “that it [didn’t] have any signal directions whether either turning right or left.” Sanchez passed the van and then observed it make a right turn onto Zaragosa, heading south. Turning around on Zaragosa, Sanchez conducted a traffic stop of the van “[b]ecause it failed to signal a right turn from the stop.”

The appellee was alone in the van. He appeared to Sanchez to be nervous, having attempted to get out of the driver’s seat before he had even unfastened his seat belt. Though he had no driver’s license or proof of insurance, the appellee was able to produce a Texas ID card with the correct name, date of birth, and a photo. When Sanchez asked the appellee why he appeared so nervous, the appellee replied, “Well, I think I have some warrants.” Sanchez confirmed with his dispatcher that this was in fact the case; the appellee had warrants out “for a disregarded stop sign, failure to appear and failure to maintain financial responsibility.” Sanchez then advised the appellee that he had been stopped for failing to signal a turn, and the appellee “agreed that he had not signaled.” By this time, another deputy had arrived on the scene, and the appellee was placed under arrest. Knowing that this could be the van that Perales suspected of containing narcotics, Sanchez “got [his] canine out of [his] unit and ran an exterior K-9 sniff of the vehicle.” The drug dog alerted at both the driver’s side window, which was rolled down, and at the rear double doors of the van. Sanchez then entered the van and found approximately 800 pounds of marihuana in duffle bags and boxes. From the initial traffic stop to the discovery of the marihuana, Sanchez estimated, only a period of twenty minutes elapsed. Subsequently, a search warrant was obtained for the appellee’s residence where police found the balance of the 2000 pounds of marihuana.

[670]*670On cross-examination, Sanchez first admitted that he had said nothing in his offense report about the appellee actually admitting that he failed to signal a right turn. Next, the following critical exchange occurred between Sanchez and defense counsel:

Q. All right. Now, you testified that you passed [the appellee] while he was stationary in a lawful stop — you passed him on Zaragosa. He was stationary at Sombra del Sol?
A. Uh-huh.
Q. Now, you passed him?
A. Uh-huh.
Q. And you moved on on Zaragosa. How far did you move down when you observed the failure to signal intent?
A. How far did I move down after— I’m sorry.
Q. Yes.
A. What was the question?
Q. You passed him?
A. Uh-huh.
Q. And he was stopped. He was stationary on Sombra del Sol?
A. Uh-huh.
Q. Am I correct?
A. Yes.
Q. All right. Then, you passed him. How far did you travel down Zaragosa?
A. About maybe 30 yards.
Q. 30 yards?
A. Yes, sir.
Q. And you were able to see from 30 yards back that he made his right turn onto Zaragosa—
A. Yes, sir.
Q. —without signaling intent?
A. Yes, sir.
Q. Sir?
A. I saw that there was no turning signal when I passed him. As soon as I passed him, he had—
Q. Now, listen to my question now. You passed him?
A. Uh-huh.
Q. He was stationary?
A. Uh-huh.
Q. He hadn’t initiated his right turn—
A. Right.
Q. —onto Zaragosa?
A. Uh-huh.
Q. And you passed him?
A. Uh-huh.
Q. And you were proceeding down Zaragosa south, I believe?
A. No. It was—
Q. Going north?
A. Yes, sir.
Q. All right. You were north. And you’re saying that you — from that vantage point, you saw him from a stationary position fail to signal intent?
A. Okay. I—
Q. Yes or no? That’s all.
A. Well, it’s because the question you’re asking me, sir, I can’t—
Q. Well, did you see him, Officer? You had passed him. You testified to that.

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Cite This Page — Counsel Stack

Bluebook (online)
339 S.W.3d 667, 2011 Tex. Crim. App. LEXIS 448, 2011 WL 1267248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-elias-texcrimapp-2011.