Page 42 - TPA Journal May June 2024
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REASONABLE SUSPICION – detention. announcing that the officers are heading into a
“consensual encounter.” He got out of the
After the trial court denied his motion to vehicle and introduced himself to Appellant.
suppress, Appellant Tairon Jose Monjaras pled Meanwhile, Officer Starks exited the passenger
guilty to unlawful possession of a firearm by a side of the vehicle, walked around to the rear
felon. He was sentenced to five years of the cruiser, and stood a few feet away. Both
imprisonment. On appeal, Appellant argued officers were in uniform with their service
that the trial court erred in denying his motion pistols visible but holstered. The police car was
to suppress because his interaction with law parked in front of Appellant while the officers
enforcement was an investigative detention stood on either side of him. There was an
without reasonable suspicion rather than a apartment building behind Appellant. After
consensual encounter. A majority of the court introducing himself, Officer Sallee asked
of appeals disagreed and found that the Appellant for basic information including his
interaction was a consensual encounter. We name, where he lived, and if he had
hold that Appellant’s interaction with law identification. Officer Sallee stood close to
enforcement, which started as a consensual Appellant, but his demeanor was relatively
encounter, escalated into an investigative friendly. Appellant appeared to understand the
detention. We reverse the judgment of the court questions and replied in broken English.
of appeals and remand the case to that court to Appellant told Officer Sallee that he lived in an
determine whether the investigative detention apartment across the street and had left his
was supported by reasonable suspicion. identification at home, but he offered to write
his name down. Officer Starks walked to the
In December 2018, Officer J. Sallee and Officer passenger side of the vehicle to retrieve a
C. Starks were patrolling an area of fingerprinting device. While Appellant was
southwest Houston purportedly associated with writing his name, Officer Sallee asked Appellant
gang violence and narcotics trafficking. Around if he had ever been arrested. Appellant
noon, Officers observed Appellant walking responded that he had previously been arrested
around an apartment complex with a backpack for “assault, ah, domestic violence.” Officer
on. Sallee then asked Appellant “You nervous? You
look like you’re nervous. You’re shaking.”
The officers thought it was “not normal” that Appellant seemingly confirmed that he was
Appellant looked down as the officers drove by nervous. Meanwhile, Officer Starks returned
and looked up when they passed. The officers and stood approximately two feet from
also believed Appellant—wearing a beanie, Appellant. This placed Appellant within arm’s
light jacket, and pants—was overdressed for the length of each officer. Officer Sallee asked if
weather. Appellant had anything illegal on him,
including weapons. Appellant shook his head
Officer Sallee wanted “to see where [Appellant] “no,” and Officer Sallee asked if he could search
was going or what was going on.” The Appellant. Appellant did not respond but began
officers turned the car around but did not see emptying his pockets. Apparently trying to stop
Appellant. The officers assumed Appellant ran Appellant, Officer Sallee quickly responded,
away; however, they saw Appellant again on “Hold on, hold on, hold on. May I search you?”
the other side of the complex. The officers While asking this, Officer Sallee placed his
pulled in front of Appellant but did not turn hand on Appellant’s arm. Appellant reached
their police lights or siren on. Officer Starks can into his pocket again while Officer Sallee put
be heard on his body-worn camera recording his hand around Appellant’s elbow and said,
38 www.texaspoliceassociation.com • (512) 458-3140 Texas Police Journal
