Page 25 - TPA Journal September October 2024

Martin Deleon, a thirty-two-year Corpus Christi bicycle with large handlebars on the sidewalk
Police Department veteran with twenty-eight approaching the intersection from the opposite
years in the gang unit, led a team of about a dozen side of Up River Road. The suspect turned left,
officers. Each team received a packet of fifteen to and the officers turned right, so they were travel-
twenty subjects grouped geographically. ing parallel on Up River, with a lane of oncoming
traffic between them. The officers pulled along-
One subject in the Deleon team’s packet side the suspect, and Deleon honked the horn and
was described as a “Hispanic male” in the “area of shouted, “stop, pull over[!]” The suspect asked,
Leopard and Up River.” The information stated “Why?” and kept pedaling. After the suspect trav-
the subject “may be in the area on a bicycle and eled about seventy-five yards, the officers pulled
that he had run from officers in the past [o]n that ahead of him and blocked the sidewalk. The sus-
bicycle.” It described the bicycle only as having pect laid his bicycle down, and the officers
“large handlebars.” But the officers did not know grabbed him. They placed him against the car and
anything about the bicycle’s color or condition or frisked him, finding a revolver on his waistband
whether it had other identifiers like pegs or dis- and ammunition in his pocket. They cuffed him
tinctive tires. Nor did the officers know the sub- and put him in their car. The officers could not
ject’s age, body type, or build; whether he had immediately identify their detainee. Deleon did
identifying marks or features; what he was last not recall the name of the wanted gang member
seen wearing; or when he was last seen in the area. described in the packet. The team apparently had
The officers searched for the subject in an apart- been looking for Jose Morales, “the third or fourth
ment complex in the Leopard–Up River area but guy on the list.” The officers later learned that they
could not find him, so they left for another loca- had instead detained Alvarez, a convicted felon,
tion. Officer Deleon and his partner drove in a who himself had an outstanding warrant.
marked patrol car down Old Robstown Road
toward Up River Road, an area known for gang A grand jury indicted Alvarez on one count
activity. They saw a man who fit the subject’s of being a felon in possession of a firearm and
description riding a bicycle with large handlebars ammunition. See 18 U.S.C. §§ 922(g)(1),
on the sidewalk approaching the intersection from 924(a)(2). Alvarez moved to suppress the revolver
the opposite side of Up River Road. The suspect and ammo, arguing the officers unlawfully
turned left, and the officers turned right, subject stopped him. At an evidentiary hearing, Deleon
“may be in the area on a bicycle and that he had testified for the government, and Alvarez intro-
run from officers in the past [o]n that bicycle.” It duced bodycam footage from an officer who
described the bicycle only as having “large han- arrived on scene after the seizure, as well as pho-
dlebars.” But the officers did not know anything tographs and maps of the area. The district court
about the bicycle’s color or condition or whether it denied Alvarez’s motion, holding the stop was
had other identifiers like pegs or distinctive tires. supported by reasonable suspicion. It reasoned:
Nor did the officers know the subject’s age, body “Alvarez matched the description of the subject
type, or build; whether he had identifying marks who had an outstanding warrant. He was a
or features; what he was last seen wearing; or Hispanic male, he rode a bicycle with particularly
when he was last seen in the area. The officers large handlebars, and he was spotted in the area
searched for the subject in an apartment complex where the subject was known to reside.” Ibid. The
in the Leopard–Up River area but could not find court added that “collectively,” these factors were
him, so they left for another location. Officer “not so general as to negate reasonable suspicion
Deleon and his partner drove in a marked patrol Alvarez entered a conditional guilty plea pursuant
car down Old Robstown Road toward Up River to an agreement that reserved his right to appeal
Road, an area known for gang activity. They saw the suppression ruling.
a man who fit the subject’s description riding a

Sept. / Oct. 2024 www.texaspoliceassociation.com • (512) 458-3140 21