Page 41 - TPA Journal March April 2019
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Once off the bus, Detective Sanders identified 18 U.S.C. § 3231. We have jurisdiction under 28
himself to Wise. The detective said that he worked U.S.C. § 1291 and 18 U.S.C. § 3731.
in the Conroe Police Department’s narcotics
division. He told Wise that the backpack above his “When examining a district court’s ruling on a
head contained a substance believed to be cocaine. motion to suppress, we review questions of law de
In a conversational tone Detective Sanders asked novo and factual findings for clear error.”
Wise whether he had any weapons. Wise said no. “Factual findings are clearly erroneous only if a
Detective Sanders then asked Wise to empty his review of the record leaves this Court with a
pockets. Wise complied. Among other items, Wise ‘definite and firm conviction that a mistake has
removed an identification card that Detective been committed.’” Factual findings that are
Sanders asked to see. Wise gave him the card. The “influenced by an incorrect view of the law or an
card said “Morris Wise.” Wise also removed a incorrect application of the correct legal test” are
lanyard with several keys attached. Wise then put reviewed de novo. We view the evidence “in the
everything back in his pockets. The officers asked light most favorable to the prevailing party”—
Wise if he could again remove the items from his here, Wise.
pockets. The officers then asked to see Wise’s
keys. Wise held out his hand, and Detective The district court concluded that the Conroe
Sauceda took the keys. Detective Sauceda used a Police Department’s decision to stop Greyhound
key to activate the locking mechanism on the Bus #6408 constituted an unconstitutional
“TSA lock” that the officers had cut from the checkpoint stop. Accordingly, the court
backpack. Detective Sanders then arrested Wise. suppressed all evidence the police obtained
subsequent to the stop. The court characterized a
2 While outside, Wise was never told by an officer that checkpoint stop as: “a police program in which
he could remain silent or refuse to comply with their officers gather at a specific place and, following a
requests to empty his pockets. department-issued script, briefly speak to drivers
without having any reason to suspect
3 Some testimony supports Wise’s contention that an
wrongdoing.” The court asserted that the essence
officer removed the lanyard from Wise’s pocket.
of an unconstitutional checkpoint stop is the
However, this testimony is vague and is contradicted
forced interaction between an officer and a
elsewhere in the record.
motorist. Moreover, the court found that
checkpoint stops are only permissible “if they are
In the trial court, Wise filed a motion to suppress
for a narrow particular law enforcement purpose
the evidence the officers obtained after he was
directly connected to the use of the roads.”
asked to exit the bus; he claimed this was an
According to the court, permissible law
unconstitutional seizure. The Government timely
enforcement purposes include removing drunk
filed its response and asserted that the officers had
drivers, verifying licenses, and conducting
reasonable suspicion to perform an investigatory
immigration checkpoints near the border;
detention. The district court held a suppression
checkpoints cannot be used “merely to uncover
hearing. Detective Sanders and Detective
evidence of ordinary crimes.” Under this
Sauceda testified; Wise did not testify. At a later
characterization, the district court concluded that
pre-trial hearing, the district court judge stated that
the bus interdiction constituted an unconstitutional
he would suppress “the bus search evidence.”
checkpoint. First, the police forced the bus driver
The Government appeals the district court’s ruling
to interact with them. The officers knew that
on a motion to suppress evidence in a case
Greyhound mandated that its bus drivers stop at
involving the prosecution of a federal offense. The
specific locations for loading and unloading
district court properly asserted jurisdiction under
passengers. The Greyhound schedule was publicly
30 www.texaspoliceassociation.com • 866-997-8282 Texas Police Journal
