Page 47 - TPA Journal March April 2019

passenger to disembark and accompany them to we REVERSE the district court’s suppression
the bus terminal’s baggage handling area for the order.
purpose of answering questions—and the U.S. v. Wise, No. 16-20808, 5 th Cir. Court of
passenger voluntarily complied—a Terry stop did Appeals, Dec. 6 th 2017.
not occur.
Here, the police asked Wise to speak with them off
the bus. The police did not indicate that his
compliance was required. Once off the bus, the OFFICIAL OPPRESSION – KNOWLEDGE
police did not restrain Wise. They also did not tell OF ILLEGALITY REQUIRED.
him that he must obey their requests. The police In 2011 Appellant, Rebekah Thonginh Ross,
asked Wise to empty his pockets, and he complied. worked as an investigator for the
He also complied with the police officers’ requests Greenville office of the Texas Department of
to show them his identification card and keys. Family and Protective Services (hereinafter
Wise has not explained why this interaction was referred to as “the Department” or “CPS”). In
anything but a consensual encounter. 2015, she was convicted of the offense of official
oppression. The charge was based on an allegedly
Even if Wise could characterize the interaction as unlawful search that Ross conducted pursuant to
a Terry stop-and-frisk, the stop-and-frisk would be her duties as a CPS investigator. Ross’s conviction
permissible under the Fourth Amendment. was affirmed by the Sixth Court of Appeals.2 We
Detectives Sanders and Sauceda, drawing on their granted Ross’s petition for discretionary review to
experience and specialized training, could determine whether the court of appeals correctly
reasonably infer from the circumstances held that the evidence was sufficient to support
surrounding their interaction with Wise that he Ross’s conviction.
may have been in the process of committing a 1 TEX. PENAL CODE § 39.03(a)(1) (providing that “[a]
crime. The detectives witnessed Wise pretend to public servant acting under color of [her]
sleep on the Greyhound. Wise then produced a office or employment commits an offense if [she] . . .
intentionally subjects another to . . . search [or]
ticket with a “very generic” name: “James Smith.”
seizure . . . that [she] knows is unlawful . . . .”).
He denied ownership of a backpack that was
sitting next to his own duffle bag. Yet, no other
Based upon our review of the record, viewing the
passengers sat near the backpack. The officers
evidence in the light most favorableto the verdict,
discovered that the backpack contained a
we hold that the evidence was insufficient to
substance they believed to be cocaine. The
support the trial court’s finding beyond a
detectives were aware that narcotics traffickers
reasonable doubt that Ross knew her conduct was
often carry weapons. Evaluating the totality of the
unlawful, which is an essential element of the
circumstances, the detectives established requisite
offense of official oppression. We reverse the
suspicion to detain Wise for questioning and to
judgment of the court of appeals and render a
request that he empty his pockets.
judgment of acquittal.
The district court erred in characterizing the bus On December 12, 2011, the Department received
interdiction as an unconstitutional checkpoint a referral stating that a baby had just been born at
stop. Also, Wise lacks standing to challenge the a two bedroom, one bath, mobile home to a
bus driver’s consent to the officers’ request to mother who was using drugs during her
search the Greyhound’s passenger cabin. Finding pregnancy. The report stated that the newborn had
there is no other basis in the record to affirm the not received any medical attention, and the mother
district court’s ruling on the motion to suppress, had a previous child who was removed due to the

36 www.texaspoliceassociation.com • 866-997-8282 Texas Police Journal