Page 68 - March April 2020 TPA

The detectives witnessed Wise pretend to sleep on “[a] public servant acting under color of [her]
the Greyhound. Wise then produced a ticket with a office or employment commits an offense if [she] . . .
“very generic” name: “James Smith.” He denied intentionally subjects another to . . . search [or]
ownership of a backpack that was sitting next to his seizure . . . that [she] knows is unlawful . . . .”).
Based upon our review of the record, viewing the
own duffle bag. Yet, no other passengers sat near
evidence in the light most favorable
the backpack. The officers discovered that the
backpack contained a substance they believed to be to the verdict, we hold that the evidence was
insufficient to support the trial court’s finding
cocaine. The detectives were aware that narcotics
beyond a reasonable doubt that Ross knew her
traffickers often carry weapons. Evaluating the
conduct was unlawful, which is an essential
totality of the circumstances, the detectives
element of the offense of official oppression. We
established requisite suspicion to detain Wise for
questioning and to request that he empty his reverse the judgment of the court of
appeals and render a judgment of acquittal.
pockets.
On December 12, 2011, the Department received a
The district court erred in characterizing the bus
referral stating that a baby had just
interdiction as an unconstitutional checkpoint stop.
been born at a two bedroom, one bath, mobile home
Also, Wise lacks standing to challenge the bus
driver’s consent to the officers’ request to search the to a mother who was using drugs during
her pregnancy. The report stated that the newborn
Greyhound’s passenger cabin. Finding there is no
had not received any medical attention, and the
other basis in the record to affirm the district court’s
mother had a previous child who was removed due
ruling on the motion to suppress, we REVERSE the
to the mother’s drug use. Ross was assigned to the
district court’s suppression order.
case on December 13, 2011.
U.S. v. Wise, No. 16-20808, 5 th Cir. Court of
After three days of searching databases and
Appeals, Dec. 6 th 2017. conducting research to locate the mother and baby,
on December 15, 2011, Ross filed a Petition for
Orders in Aid of Investigation of a Report of Child
OFFICIAL OPPRESSION – KNOWLEDGE Abuse or Neglect and For Temporary Restraining
OF ILLEGALITY REQUIRED. Order. In her supporting affidavit, Ross reported
In 2011 Appellant, Rebekah Thonginh Ross, what she had found through her investigation:
worked as an investigator for the • The referral came to the Department on December
Greenville office of the Texas Department of 12, 2011, with very little information. Ross was
Family and Protective Services (hereinafter assigned to the case on December 13, 2011. The
referred to as “the Department” or “CPS”). In 2015, newborn’s parents were Leslie Avery Hunt Vargas
she was convicted of the offense of official (Hunt) and Nicholas Vargas (Vargas).
oppression. The charge was based on an allegedly • Ross learned that the mother (Hunt) was recently
unlawful 1 search that Ross in jail for warrants but had been released.
conducted pursuant to her duties as a CPS • The baby was born at a mobile home owned by
investigator. Ross’s conviction was affirmed by the Vargas family located at 2321 Highway 69 S.,
the Sixth Court of Appeals.2 We granted Ross’s Greenville, Texas.
petition for discretionary review to • Ross and her supervisor, Natalie Ausbie Reynolds,
determine whether the court of appeals correctly went to the home on Highway 69 S. on or about
held that the evidence was sufficient to December 13, 2011, and smelled ammonia coming
support Ross’s conviction. from inside. All of the blinds on the windows were
1 TEX. PENAL CODE § 39.03(a)(1) (providing that drawn.

March/April 2020 www.texaspoliceassociation.com • (512) 458-3140 61