Page 34 - TPA Journal January February 2024
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shut. When Lt. Nava reached the door, he Agent Carrasco tried to enter, but the door was
smelled the strong odor of marijuana and locked, so the team breached the door and
could hear “a bunch of movements.” found Appellant alone, completely clothed,
According to him, it was “obviously more and standing in a one-to-two-foot space
than one person — quick movement.” He told between the toilet and shower. Appellant
other agents behind him to keep knocking and never said anything to police.
try to contact the occupants while he
proceeded to Room 15, his assignment, to
execute the no-knock search warrant. While In searching the bathroom, Lt. Nava found a
Lt. Nava was executing the warrant, Special loose green leafy substance in the toilet. It had
Agent Michael Carrasco had continued been mixed with water and excrement. He
directly to Room 18 and started knocking on also saw some smaller glass pipes at the
the window. Other officers were already bottom of the toilet. Lt. Nava believed that
knocking on the door. Agent Carrasco could narcotics had been flushed prior to them
not see anything through the window but breaching the door and that they found only
heard the voices of multiple people and a lot of the remnants of what did not flush. A
commotion inside the room, “[l]ike shuffling photograph of the substance introduced by the
of whatever they had inside — their clothes or State appears to show that some of the
other things. You could hear like a drawer substance is still burning. Lt. Nava said that
trying to close.” Lt. Nava and Agent Carrasco they did not collect the loose marijuana
breached Room 18 together. According to Lt. because it was only a usable amount that was
Nava, the room was a mess, with clothing mixed with water and human waste. Lt.
everywhere, “like they had been staying an Nava agreed with defense counsel that, had
extended amount of time.” “The room had a they collected the marijuana, it might have
very, very strong odor of marijuana,” and in been able to be tested. Agents arrested all the
plain view there were “cigarette-type Swisher occupants for tampering with physical
Sweets or Phillies or other types of things like evidence.
that, they tend to roll marijuana in . . . .” Agent
Carrasco said that the odor of marijuana “hit
[him] like a rock.” There was paraphernalia all
over the room, including a glass pipe The State indicted Appellant for tampering
commonly used to smoke either crack cocaine with physical evidence, a third-degree felony.
or methamphetamine. In a drawer were found TEX. PENAL CODE § 37.09(a)(1). A jury
a realistic-looking pistol BB gun and four cell found Appellant guilty. At punishment, the
phones. According to Lt. Nava, it is typical for State alleged and Appellant stipulated that he
narcotics dealers to have multiple cell phones. had previously been convicted of 11 prior
felonies.
There were two females in the immediate
living area, and Lt. Nava and Agent Carrasco
heard someone in the bathroom. Agent Appellant was subject to between 25 years to
Carrasco said that he was knocking on the life confinement as a habitual offender.
door and announcing himself as a police The jury sentenced him to 30 years’
officer while ordering Appellant out, but confinement. He iled two motions for new
Appellant did not answer. Instead, Agent trial, and the trial court held three evidentiary
Carrasco started hearing “shuffling of stuff — hearings. The motions were eventually
feet shuffling and movement.” At that point,
overruled by operation of law.
30 www.texaspoliceassociation.com • (512) 458-3140 Texas Police Journal
