Page 43 - July August 2020 TPA Journal
P. 43
backpack. The officers then arrested Wise. After the bus stopped, the driver disembarked.
Wise moved to suppress the evidence that officers Conroe officers approached the driver and asked
found in his pockets. Following a suppression for his consent to search the bus’s passenger cabin.
hearing, the district court suppressed all evidence The driver gave his consent. Detectives Randy
obtained during the bus search. The district court Sanders and Juan Sauceda, veterans of the Conroe
found that the officers had established an Police Department with narcotics interdiction
unconstitutional checkpoint stop. The court also experience, boarded the bus. The two were
concluded that the bus driver did not voluntarily dressed in plainclothes. The remaining three
consent to the bus search. officers waited near the bus. Detective Sauceda
walked toward the back of the bus, while
On September 15, 2011, Conroe Police Detective Sanders remained at the front. The
Department officers stationed themselves at a
officers did not block the aisle.
Greyhound bus stop located in Conroe, Texas, in
order to perform bus interdictions. Bus Detective Sanders noticed Wise pretending to
interdictions typically involve law enforcement sleep, which he found suspicious. In his
officers boarding a bus to speak with suspicious- experience, criminals on buses often pretend to
looking passengers. The officers aim to discover sleep to avoid police contact. Detective Sanders
individuals transporting narcotics, weapons, or walked past Wise and turned around. Detective
other contraband. If the officers suspect criminal Sanders looked back at Wise, only to see that Wise
activity, they ask a passenger for his identification had turned to look at him. Detective Sanders
and boarding pass; they may also ask whether the walked back toward Wise. The detective noticed
passenger has any luggage with him. During the that Wise’s eyes were closed—but his eyelids
interdiction, passengers may leave the bus. They were tightly clenched, and his eyes darted back
may also refuse to speak with officers. and forth beneath his eyelids.
That day, five Conroe Police Department officers Detective Sanders, standing directly behind the
were present at the Greyhound bus stop. Four seat, asked to see Wise’s ticket. Wise handed
officers were dressed in plainclothes—civilian Detective Sanders his ticket. The name on the
clothes that do not include any markings of being ticket was “James Smith.” That aroused Detective
a police officer—and concealed their weapons and Sanders’s suspicion; he thought this “very generic
badges. The remaining officer, a uniformed canine name” may be fake. Detective Sanders returned
handler, was accompanied by a trained narcotics- the ticket to Wise. He then asked whether Wise
detection canine. had any luggage. Wise said yes and motioned to
the luggage rack above his head. Wise “appear[ed]
1 The district court did not make extensive nervous.”
findings of fact in either its suppression order or
Two bags sat in the luggage rack above Wise’s
opinion on suppression. The facts come primarily head: a duffle bag and a backpack that were
from the suppression hearing testimony of two “nestled together.” No other bags were nearby.
Conroe Police Department officers who
Detective Sanders asked Wise if he could search
questioned and subsequently arrested Wise. his bag. Wise stood, grabbed the duffle bag, and
placed the bag on his seat. Detective Sanders then
That same day, Morris Wise traveled on
asked Wise if he could look inside the bag. Wise
Greyhound Bus #6408, which departed Houston,
agreed. The detective found nothing of interest.
Texas, bound for Chicago, Illinois. At around 8:00
Detective Sanders then asked Wise whether the
a.m., the bus made a scheduled stop at the Conroe
backpack belonged to him. Wise said no.
station.
July/August 2020 www.texaspoliceassociation.com • (512) 458-3140 39
