Page 24 - 2018 sept oct journal_PJ (1)_Neat
P. 24
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 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.
TRAFFIC STOP – SEARCH & SEIZURE - tainted because the traffic stop was both
REASONABLE SUSPICION.FOR VEHICLE unjustified at its inception and unlawfully
SEARCH. prolonged. The court granted the motion. We now
reverse.
Jesus Villafranco-Elizondo was driving from
Texas to Louisiana when a law enforcement Corporal James Woody of the West Baton Rouge
officer pulled him over for a couple of minor Parish Sheriff’s Office (“WBRSO”) received an
traffic violations. The officer claims that during alert to be on the lookout for a white Chevrolet
the traffic stop, he developed a reasonable pickup truck with a green utility trailer (the
suspicion that the trailer contained contraband. “BOLO Alert”). Woody testified that he saw the
After questioning Villafranco-Elizondo for truck driving down the highway and followed
approximately eleven minutes, the officer ran a until he saw it following another car too closely
check on his driver’s license. Before the check and hitting the white fog line. Woody activated his
was complete, the officer approached Villafranco- vehicle’s lights and his dashboard camera began
Elizondo with additional questions. During this recording. The truck pulled over onto the shoulder.
exchange, Villafranco-Elizondo gave the officer Woody’s partner Lieutenant Chris Green soon
consent to search the trailer, and a subsequent arrived and adjusted the dashboard camera in
search found a hidden compartment containing Woody’s vehicle to record the stop.
cocaine. Villafranco-Elizondo filed a motion to
suppress, arguing that his consent to search was Woody explained why he made the stop, and
Villafranco-Elizondo responded that he suspected
20 www.texaspoliceassociation.com • 866-997-8282 Texas Police Journal
