Page 27 - TPA Journal November-December 2018

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

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

November/December 2018

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.

SEARCH & SEIZURE, TRAFFIC STOP, That day, Homeland Security Investigations
REASONABLE SUSPICION (“HSI”) received a tip that undocumented
immigrants were being housed at a residence on
While on patrol in December 2015, Officer Juan Zacatecas Avenue in Laredo. While surveilling the
Leal began following Broca-Martinez’s vehicle residence, HSI agents saw two men leave and
because it matched a description Homeland enter a gray Nissan Altima. HSI subsequently
Security agents had provided the Laredo Police notified the LPD to have its officers “be on the
Department (“LPD”). Officer Leal stopped Broca- lookout” for the vehicle. After receiving a radio
Martinez after a computer search indicated the transmission to “be on the lookout” for this
vehicle’s insurance status was “unconfirmed.” The vehicle, Officer Leal saw an Altima that matched
stop led to the discovery that Broca-Martinez was the description. He followed the vehicle and
in the country illegally and that he was harboring entered its license plate number into an “in-
undocumented immigrants at his residence. vehicle computer” database designed to return
Broca-Martinez entered a conditional guilty plea vehicle information such as insurance status. The
to one count of conspiracy to transport computer indicated the insurance status was
undocumented aliens in violation of 8 U.S.C. § “unconfirmed.” Based on his experience using this
1324. On appeal, he contends that there was no system, Officer Leal concluded that the vehicle
reasonable suspicion justifying the initial stop. was likely uninsured—a violation of Texas’s
Because we find there was reasonable suspicion, driver financial responsibility law. Official Leal
we AFFIRM. then stopped the vehicle.

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