Page 29 - Texas Police Journal November- December 2013

Officer Welchs canine unit could not accommodate the Akin and Powell were tried by jury in a joint trial.
young mother and child and the unmarked vehicles were Multiple witnesses testified as to Akins and Powells
not on location. Officer Welch called for a backup vehicle involvement in crack cocaine dealing.
to remedy this problem. They waited 2030 minutes for its The validity of the initial traffic stop is not contested.
arrival. Both Powell and Akin contest the reasonableness of the
Bruno alerted to the backseat of the car. investigatory detention and search that followed the initial
Midlands police dogs are trained by a private company stop. Powell asserts that the detention exceeded its objec-
prior to their arrival, then they undergo an additional 20 tive purpose. Akin asserts that she was detained beyond
hours of training with their handler and receive formal the time necessary to process the traffic violation. In
certification as a drug detection dog. Bruno was new to the response, the government asserts that the traffic violation
force and had not yet received formal certification. was not the only justification for the stopadditionally,
Though his formal certification was received six weeks the police had reasonable suspicion, based on Bracys tip
after the instant search, Officer Welchwho had handled to the police, subsequent corroboration, and the appel-
two other drug dogstestified that Bruno was fully lants conflicting statements, that Powell and Akin were
trained. After alerting, Bruno was returned to his kennel. transporting a significant amount of crack cocaine. The
Because of inclement weather and the dangerous loca- government contends that the officers actions were rea-
tion of the vehicle, the officers moved the car to the sonably related to this additional basis of reasonable sus-
Midland police station to continue the search. picion and therefore complied with the Constitution.
According to Detective Marker, although the officers The reasonableness of traffic stops and investigative
never sought their consent for the move, Akin and Powell detentions of persons suspected of criminal activity is
did not object. Powell contests this point. At the police sta- evaluated through a two-step inquiry under Terry v.
tion, the officers conducted a more thorough search of the Ohio.
vehicle. First, we determine whether stopping the vehicle was
Detective Marker reported smelling drugs near the front initially justified by reasonable suspicion. Second, we
of the car. The officers pried a button off of the dashboard. evaluate whether the officer s actions were reasonably
With a flashlight they could see drugs and U.S. currency related in scope to the circumstances that justified the
stashed behind the dash. stop. In the context of a traffic stop, once an officer s ini-
Officers heard a ringing cell phone during the search of tial suspicions have been verified or dispelled, the deten-
the car. The phone was located between the door and the tion must end unless there is additional reasonable suspi-
driver s seat. Powell denied ownership of the phone. Akin cion supported by articulable facts.
claimed the phone belonged to Powell, denying her per- Our assessment of reasonable suspicion is based on the
sonal ownership. Later in the evening, officers looked at totality of the circumstances. Furthermore, reasonable sus-
the phones contents and identified a series of text mes- picion can vest through the collective knowledge of the
sages between Powell and Bracy concerning their trip to officers involved in the search and seizure operation. The
Lubbock to purchase crack cocaine. At trial, the district collective knowledge theory for reasonable suspicion
court admitted the drugs, currency, cell phone, text mes- applies so long as there is some degree of communica-
sages and other evidence discovered from the search of tion between the acting officer and the officer who has
the car. Officers heard a ringing cell phone during the knowledge of the necessary facts. Reasonable suspicion
search of the car. The phone was located between the door can be formed by a confidential informants tip so long as
and the driver s seat. Powell denied ownership of the the information is marked by indicia of reliability.
phone. Akin claimed the phone belonged to Powell, deny- There are a number of factors applied in determining
ing her personal ownership. Later in the evening, officers whether a tip provides reasonable suspicion, including:
looked at the phones contents and identified a series of the credibility and reliability of the informant, the speci-
text messages between Powell and Bracy concerning their ficity of the information contained in the tip or report, the
trip to Lubbock to purchase crack cocaine. At trial, the dis- extent to which the information in the tip or report can be
trict court admitted the drugs, currency, cell phone, text verified by officers in the field, and whether the tip or
messages and other evidence discovered from the search report concerns active or recent activity, or has instead
of the car. gone stale.

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