Page 39 - TPA Journal January February 2025

REASONABLE SUSPICION ing the bulge. Henry pulled out a large wad of
cash, which he said was $3,200.
This case arises from a denial of a motion to sup-
press evidence obtained twenty-six minutes into a When other DPS Criminal Investigations Division
traffic stop. We affirm. (“CID”) agents arrived and began to search the
vehicle, Brown returned to his car to write a cita-
On February 22, 2018, Texas Department of tion for Henry’s driving with a suspended license.
Public Safety (“DPS”) Agent Andrew Papanos The CID agents found bail bond paperwork for
spoke with a street-level heroin dealer about his Meagan Green in Henry’s car. Papanos told
supplier. The dealer provided the supplier’s nick- Brown that he believed Henry was Casper because
name, “Casper,” and a physical description: a Meagan Green had been arrested for heroin deliv-
heavyset Black male with yellow or blond dread- ery that came from Casper. After Papanos asked
locks who drove a black sports car, which may Brown if they had a basis to arrest Henry, Brown
have been specifically identified as a Chevrolet explained that the suspended license justified
Camaro. At Papanos’ direction, the dealer ordered arrest. Within minutes of this conversation, a CID
heroin from Casper, which was delivered by agent opened the hood of Henry’s car and found a
Meagan Green, who was then arrested. t-shirt containing 400 grams of heroin. Papanos
then arrested Henry.
At about 11:30 p.m. on February 24, 2018,
Papanos was parked at a gas station when he saw Henry moved to suppress all evidence seized dur-
someone resembling Casper. As the suspect drove ing the February 24, 2018 traffic stop. After a
a black sports car (Dodge Challenger) away from hearing, the district court denied Henry’s motion
the gas station, Papanos maintained surveillance to suppress. Henry conditionally pled guilty to
and observed the suspect throw a lit cigarette out possession with intent to distribute 100 grams or
the car window, which is an offense. Papanos more of heroin, reserving his right to appeal the
radioed to have a trooper try to make a traffic stop, district court’s order on the motion to suppress.
specifically contacting DPS Troopers Mackenzie Henry timely appealed.
Brown and Dannie Gutierrez, requesting they stop
the suspect’s car. The troopers tracked the suspect On appeal of a motion to suppress ruling, we
and observed the car speeding (going 68 mph in a review factual findings for clear error and conclu-
65-mph zone) and driving on the shoulder of the sions of law de novo. The denial of a suppression
highway in violation of state law. Brown initiated motion will be upheld if there is any reasonable
a traffic stop and made contact with Victor view of the evidence to support the denial.
Bernard Henry while Papanos pulled up behind.
In an analytical framework inspired by principles
Brown ordered Henry out of the vehicle. After discussed in Terry v. Ohio, we review the legality
obtaining Henry’s driver’s license, Brown entered of police investigatory stops in a two-part test. We
Henry’s information into his patrol car’s computer first examine whether the officer’s action was jus-
and learned that Henry was driving with a sus- tified at its inception and then inquire whether the
pended license, an arrestable offense. Meanwhile, officer’s subsequent actions were reasonably relat-
Papanos went to Brown’s patrol car to explain his ed in scope to the circumstances that justified the
suspicion of drug trafficking. Brown then asked stop. As to the first part, the traffic stop was valid
Henry for consent to search the vehicle, which he on three bases: Henry (1) littered a cigarette in
gave. Before turning to the car, Brown frisked violation of Texas Health and Safety Code §
Henry and noticed a large bulge in his shorts pock- 365.012(a), (2) sped, and (3) drove on the shoul-
et; he asked Henry to pull out whatever was caus- der of the highway in violation of Texas

Jan.-Feb. 2025 www.texaspoliceassociation.com • (512) 458-3140 39