Page 47 - TPA Journal May June 2024

is appropriate. Although initially consensual, the
encounter between Appellant and the officers
became an investigative detention. Appellant
was detained when Officer Starks moved very
close to Appellant, told Appellant “manos,
manos” while holding his hands out to direct
Appellant to follow suit while Officer Sallee had
his hand on Appellant’s back. At the time this
happened one officer had his hand on
Appellant’s back, the other officer was two or
three feet in front of Appellant, the patrol car
was within four or five feet from one side of
Appellant and the apartment complex was
approximately twenty-five feet from Appellant’s
other side. A reasonable person in Appellant’s
shoes would not feel free to leave under these
circumstances.

We conclude the appellate court erred in
finding that Appellant was not detained.
Accordingly, we reverse the judgment of the
court of appeals and remand to that court to
determine in accordance with this opinion
whether Officer Sallee and Officer Starks had
reasonable suspicion to detain Appellant and
whether that detention was valid.

MONJARAS V. STATE, Tex. Crim. App., no.PD-
rd
0582-21, Nov. 23 , 2023.

May/June 2024 www.texaspoliceassociation.com • (512) 458-3140 43