Page 41 - November December 2020 TPA Journal

to her and raised her suspicion that he was not multiple gallon containers of gasoline and he
being truthful. explained that gasoline was “cheaper in El Paso.”
Officer Rodriguez asked for Soriano’s registration Officer Rodriguez told Soriano that he would
and he handed it to her. She asked him when was receive a citation for driving without a license and
the last time that he had been pulled over, and he that they would proceed after a records check. She
responded that it had been a while because he usu- returned to her patrol car to run “criminal history”
ally drove cautiously. She asked if Soriano had and “border” checks. She learned that Soriano had
ever been arrested and he asked her to repeat the been arrested two months prior for theft, unlawful
question, which raised “red flags” with her possession of a dangerous weapon, and posses-
because she believed that he was stalling to come sion of a controlled substance. Her suspicions
up with an answer. Soriano stated that he had been escalated due to the disparity between this infor-
arrested a year and a half prior “for tickets.” mation and Soriano’s earlier statement that he had
Officer Rodriguez asked Soriano to roll down the been arrested a year and a half prior “for tickets.”
rear window and she observed a large duffle bag She returned to Soriano’s vehicle and questioned
or suitcase in the back seat. This made her suspect him about the discrepancy and he admitted to hav-
that Soriano was not being truthful because he had ing been arrested for theft but did not mention the
told her that he was returning that night or the next weapon and controlled substance charges.
day, but the bag appeared too large for such a Officer Rodriguez then asked if Soriano had any-
short trip. When Officer Rodriguez questioned thing illegal in the vehicle such as cocaine, mari-
Soriano about the size of the suitcase, he stated juana, ecstasy, or large amounts of money. He
that he was actually going to stay in Odessa for a replied “Nothing, nothing” but she observed that
couple of days. When Rodriguez confronted him he appeared to grow more nervous. She then
with the discrepancy in his story—short versus asked, “Do you give me permission to check the
long stay—he began to backpedal and replied that car?” and Soriano responded, “Check it.” She
he was not sure if his mother was home so he may continued, “If I call the dog right now from the
end up returning sooner than he had planned. checkpoint, do you think it will alert?” Soriano
Officer Rodriguez testified that she found replied, “No, you can bring him.” She then
Soriano’s explanation strange because he had not informed him that he would receive a citation for
called his mother to confirm that she would be not having a license and for speeding and a warn-
home before driving so far to see her. She then ing for the tint. Both officers put on their gloves in
testified that at this point, Soriano seemed very anticipation of searching Soriano’s vehicle. She
nervous because his face was flushed and he was asked him to empty his pockets, which revealed
beginning to sweat. She suspected that he was $2,000 in his wallet. He explained that the money
hiding something. was from his work as a cook and manager.
Officer Rodriguez asked Soriano to exit the vehi- Officer Rodriguez testified that she searched
cle. She asked if he had anything illegal in the Soriano’s vehicle based on his voluntary consent
vehicle and he immediately looked at the car. She and that she was detaining him based on her rea-
testified that based on her training and experience, sonable suspicion. She did not place him under
she took Soriano’s reaction as a sign that the car arrest or put him in her patrol car. She then dis-
likely contained contraband. She asked Soriano covered nine “kilo sized bundles” of cocaine in
about the contents of the suitcase and he respond- the suitcase and placed Soriano under arrest.
ed that it contained clothes and showed her the top After considering the testimony and arguments
layer of clothes. She asked Soriano what was in from counsel, the MJ recommended that the dis-
his trunk, and he opened it. The trunk contained trict court deny Soriano’s suppression motion.

Nov.-Dec. 2020 www.texaspoliceassociation.com • (512) 458-3140 37