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empty his pockets. He complied. Wise gave the That same day, Morris Wise traveled on
officers an identification card with the name Greyhound Bus #6408, which departed Houston,
“Morris Wise” on it. He also gave the officers a Texas, bound for Chicago, Illinois. At around 8:00
lanyard with keys; one key connected Wise to the a.m., the bus made a scheduled stop at the Conroe
backpack. The officers then arrested Wise. station.
Wise moved to suppress the evidence that officers After the bus stopped, the driver disembarked.
found in his pockets. Following a suppression Conroe officers approached the driver and asked
hearing, the district court suppressed all evidence for his consent to search the bus’s passenger cabin.
obtained during the bus search. The district court The driver gave his consent. Detectives Randy
found that the officers had established an Sanders and Juan Sauceda, veterans of the Conroe
unconstitutional checkpoint stop. The court also Police Department with narcotics interdiction
concluded that the bus driver did not voluntarily experience, boarded the bus. The two were
consent to the bus search. dressed in plainclothes. The remaining three
officers waited near the bus. Detective Sauceda
On September 15, 2011, Conroe Police
walked toward the back of the bus, while
Department officers stationed themselves at a
Detective Sanders remained at the front. The
Greyhound bus stop located in Conroe, Texas, in
officers did not block the aisle.
order to perform bus interdictions. Bus
interdictions typically involve law enforcement Detective Sanders noticed Wise pretending to
officers boarding a bus to speak with suspicious- sleep, which he found suspicious. In his
looking passengers. The officers aim to discover experience, criminals on buses often pretend to
individuals transporting narcotics, weapons, or sleep to avoid police contact. Detective Sanders
other contraband. If the officers suspect criminal walked past Wise and turned around. Detective
activity, they ask a passenger for his identification Sanders looked back at Wise, only to see that Wise
and boarding pass; they may also ask whether the had turned to look at him. Detective Sanders
passenger has any luggage with him. During the walked back toward Wise. The detective noticed
interdiction, passengers may leave the bus. They that Wise’s eyes were closed—but his eyelids
may also refuse to speak with officers. were tightly clenched, and his eyes darted back
and forth beneath his eyelids.
That day, five Conroe Police Department officers
were present at the Greyhound bus stop. Four Detective Sanders, standing directly behind the
officers were dressed in plainclothes—civilian seat, asked to see Wise’s ticket. Wise handed
clothes that do not include any markings of being Detective Sanders his ticket. The name on the
a police officer—and concealed their weapons and ticket was “James Smith.” That aroused Detective
badges. The remaining officer, a uniformed canine Sanders’s suspicion; he thought this “very generic
handler, was accompanied by a trained narcotics- name” may be fake. Detective Sanders returned
detection canine. the ticket to Wise. He then asked whether Wise
had any luggage. Wise said yes and motioned to
1 The district court did not make extensive
the luggage rack above his head. Wise “appear[ed]
findings of fact in either its suppression order or
nervous.”
opinion on suppression. The facts come primarily
from the suppression hearing testimony of two Two bags sat in the luggage rack above Wise’s
Conroe Police Department officers who head: a duffle bag and a backpack that were
questioned and subsequently arrested Wise. “nestled together.” No other bags were nearby.
Sept./Oct. 2019 www.texaspoliceassociation.com • 866-997-8282 43
