Page 26 - TPA Journal January February 2023

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 2023

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.

SEARCH AND SEIZURE $3,200 in U.S. currency. CBP officer Eric Medina
– border exception to Fourth Amendment testified that Tenorio “appeared nervous” during
the encounter and “began to have a facial twitch”
Following a bench trial, appellant Julio Cesar “as soon as [they] started talking about the curren-
Tenorio was convicted of smuggling bulk cash in cy.” He further testified that when another officer
violation of 31 U.S.C. § 5332. He was sentenced began a spot check of the vehicle with a canine,
to sixteen months of imprisonment and three years Tenorio “kept looking back towards the canine to
of supervised release. Tenorio appeals his convic- see what the canine was doing.” According to
tion and sentence, arguing that the district court Medina, because of Tenorio’s nervous demeanor,
erred in denying his motion to suppress evidence his indication that he was traveling from the
obtained from a stop and search at the border as he United States to Mexico, and the fact that the
was leaving the United States and attempting to canine “showed some interest” in the vehicle, offi-
enter Mexico. We AFFIRM. cers asked him to pull his vehicle over. Tenorio
pulled over to a spot approximately 20 to 25 yards
On June 13, 2019, Tenorio drove a Chevrolet from where the initial stop occurred. Medina testi-
Tahoe to the port of entry in Del Rio, Texas, on the fied that this initial encounter lasted less than five
U.S.-Mexico border. Customs and Border minutes. Once pulled over for the secondary
Protection (“CBP”) officers stopped Tenorio’s search, Tenorio was given an opportunity to
vehicle in the outbound lane, and Tenorio told the amend his declaration. He again declared no
officers that he was leaving the country and trav- weapons, no ammunition, and $3,200 in cash. The
eling to Mexico. Tenorio declared that he did not officers then asked Tenorio to step out of his vehi-
have any weapons or ammunition and that he had cle. In the meantime, a canine alerted to the back

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