Page 20 - TPA Journal September- October 2017

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

September/October 2017

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

Numerous changes to Texas Statutes which other officers forcibly removed Alexander from
affect law enforcement officers occurred his car, handcuffed him, and ultimately
during the 2017 Texas Legislative Session. The arrested him for resisting a search. Alexander
author refers officers to the updated TCOLE sued the officers and the city under 42 U.S.C.
lesson plan for the Legislative Update Course # § 1983, alleging violations of his First, Fourth,
3185. The lesson plan may be found at Fifth, and Fourteenth Amendment rights. The
district court granted the officers’ motion to
https://www.tcole.texas.gov/sites/default/files/ dismiss all claims. Alexander appeals. We
CourseCMU/3185%20Handout.pdf AFFIRM in part, REVERSE in part, and
REMAND for further proceedings.

REASONABLE SUSPICION to detain, Because this appeal is from a grant of a motion
PROBABLE CAUSE for resisting search. to dismiss, all of the following facts are drawn
exclusively from the allegations in Alexander’s
Officer Marciano Garza pulled over Lionel complaint.
Alexander in a hotel parking lot after observing
what he perceived as suspicious activity. Alexander was staying at a hotel in Round
Alexander refused to answer Garza’s questions. Rock, Texas. At approximately 9:15 p.m. he
After waiting for backup to arrive, Garza and returned to the hotel from a trip to the grocery

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