Page 20 - TPA Journal January - February 2018

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

January / February 2018

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

Numerous changes to Texas Statutes which affect reasons that follow, we AFFIRM the district
law enforcement officers occurred during the 2017 courts denial of Zunigas suppression motion, but
Texas Legislative Session. we VACATE Zunigas sentence, and REMAND
The author refers officers to the updated TCOLE for resentencing.
lesson plan for the Legislative Update Course #
3185. The lesson plan may be found at In March 2014, the San Angelo Police Department
https://www.tcole.texas.gov/sites/default/files/Co (SAPD) and the Texas Department of Public
urseCMU/3185%20Handout.pdf Safety (DPS), based on a tip from a cooperating
defendant, combined efforts to interdict a traffic
stop which confirmedvia the warrantless search
of Steve Cuellar Zunigas person and the vehicle
SEARCH & SEIZURE, REASONABLE within which he rode as a passengerthat Zuniga
SUSPICION TO STOP. was a methamphetamine supplier.

In this appeal, Steve Cuellar Zuniga first After the cooperating defendant agreed to
challenges the district courts denial of his motion participate in a controlled buy, the two teams
to suppress evidence obtained during a formulated a plan: the SAPD-led team would
warrantless search of his person and the vehicle conduct surveillance on Zunigas residence, while
within which he rode as a passenger. Second, DPS officers surveilled the anticipated
[Defendant challenges the sentencing]. For the methamphetamine delivery area. While

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