Page 51 - TPA Journal May - June 2018

stop was not unduly prolonged. We will reverse check for warrants for the passengers and
the court of appeals. investigate the circumstances surrounding the
unrestrained child in the vehicle. At this point,
The only witness to testify at the suppression Salinas had determined that he would likely issue
hearing was police officer Javier Salinas, Jr. On a warning to the driver if he remained cooperative,
the evening of November 2, 2014, Salinas was though he did not issue either a warning or a
conducting a patrol of the streets of Corpus traffic citation at that time.
Christi. At 10:55 p.m. Salinas stopped a vehicle
for failing to stop behind the line at a stop light Salinas again asked Appellant if he had any
and failing to use a turn signal at least 100 feet identification. Again, Appellant said he did not.
prior to the intersection. The traffic stop was Salinas also asked Appellant why he was so
recorded by a video camera; the stop lasted nine nervous. Pursuant to his typical course of conduct,
minutes from the time of the stop to the moment Salinas asked Appellant to exit the vehicle so he
Appellant fled the scene on foot. could make a proper identification of Appellant.
Appellant hesitated and Salinas asked, Is there a
After pulling the vehicle over, Salinas approached reason you dont want to come out or something?
the driver s side of the car. There were four Appellant then exited the car.
occupants in the car: the driver, Appellant, who
was in the front passenger seat, and a woman with Salinas informed Appellant that he was going to
an unrestrained baby on her lap in the back seat. conduct a pat-down and Appellant stated that he
(Driving with an unrestrained child constituted an had a pocket knife. Salinas retrieved the pocket
additional traffic offense.) Salinas asked the driver knife, put it on the front passenger seat, and
for his driver s license and insurance information, continued the patdown.
whether there were any weapons in the car, where
the occupants were headed, and where they were Salinas testified that when people dont have
coming from. physical identification on them he usually tries to
separate them from the rest of the people in the car
Salinas also asked Appellant whether he had any to get a proper identification. He stated that
identification. Appellant replied that he did not [p]eople give false names, at times. And if the
have any identification on him. During this initial other people in the car hear, they may go along
interaction Salinas observed Appellant moving his with the story, thinking that there is a reason why
feet a lot, trying to reach his hands into his that person is lying in the first place.
pockets, and moving his hands between the seats. The initial pat-down occurred at 10:58 p.m., three
Appellant appeared nervous and unsure of minutes into the traffic stop. On cross-
himself. These movements caused Salines to examination, Salinas testified that he had a hunch
move to the passenger side of the vehicle to make that Appellant may be nervous due to having
sure that Appellant was not trying to grab a weapons. Salinas justified his pat-down of
weapon. While Salinas was on the passenger side Appellant as part of his normal protocol when he
of the vehicle, the driver handed Salinas his has someone exit a vehicle during a stop. (Ed.
driver s license and insurance paperwork. Salinas note: Is this sufficient reasonable suspicion to
reviewed the insurance paperwork and gave it conduct a frisk?)
back to the driver, but kept the driver s license so
he could later determine whether the driver had As Salinas patted Appellant down, Appellant
any outstanding warrants. Salinas also planned to seemed to be guarding his pocket areas, trying to

March/April 2018 www.texaspoliceassociation.com • 866-997-8282 47