Page 52 - TPA Journal May - June 2018

reach into his pockets. Salinas felt what was Salinas determined that Appellant did not match
consistent with cigars and a bag of some sort of the physical description of the Bobby Diaz,
soft substance inside, but Salinas did not retrieve with a birth date of September 22, 1984, that he
those items from Appellants pockets. had obtained from his computer. Salinas then
returned to Appellant and asked where he was
Salinas explained that a pack of cigars was from and when he had last smoked weed.
consistent with what policecommonly see used to Appellant replied that it was a while ago.
roll marijuana. Although he testified that he could Salinas told Appellant that he could smell
not identify any particular drugs in Appellants marijuana on him. Appellant then admitted that he
pockets based on the patdown, Salinas believed had smoked synthetic marijuana that day and that
that Appellant had some sort of narcotics or some he had some on him. At 11:04 p.m., Salinas
sort of illegal substance on him. Salinas did not searched Appellants pockets and found synthetic
confront Appellant at that time, however, because marijuana, at which point Appellant took off
Salinas was still alone, outnumbered, and running. Theofficers chased Appellant and caught
Appellant was acting nervous. Having removed him about 15 seconds later.
Appellants pocket-knife, Salinas did not feel any
additional weapons during the pat-down. After Appellant was arrested, he told Salinas that
he was a habitual offender, looking at 25 to life.
Salinas then asked Appellant for his name and Appellant admitted to the officers that he had a lot
birth date. Appellant replied that his name was of crack on him, had a warrant for his arrest, and
Bobby Diaz and his birth date was September had lied about his name. The officers searched
22, 1984. (The record in the case shows his actual Appellant and recovered a bag of synthetic
date of birth is different.) Salinas asked Appellant marijuana and a Tupperware bowl containing
when he was last arrested and Appellant replied 17 crack cocaine rocks. Appellant indicated that
months ago. Salinas asked Appellant about the there was more cocaine in the vehicle.
woman in the back seat of the vehicle and
Appellant said the woman was the driver s Salinas searched the vehicle, but did not find any
girlfriend. more cocaine. After searching the vehicle, Salinas
reinitiated contact with the driver and female
Another officer arrived on the scene at 10:59 p.m., passenger. The womans friend brought a car seat
four minutes after the initial stop. Salinas asked to the scene for the unrestrained child and Salinas
Appellant whether he had any weapons or terminated the traffic stop without issuing a
anything illegal on his person and Appellant said citation to the driver. The trial court denied
that he did not. Salinas then asked You okay if I Appellants motion to suppress without making
check your pockets to make sure you dont got findings of fact.
nothing on you? Appellant replied Id rather you
didnt. Salinas then asked Appellant for his name [T]he court of appeals found that Officer Salinas
and birth date again; Appellant said Bobby Diaz, did not have reasonable suspicion to justify
September 22, 1984. Salinas instructed Appellant conducting a Terry frisk of Appellant or to
to chill out and sit on the curb. prolong the traffic stop. The court of appeals
acknowledged that upon observing a traffic
Salinas then went back to his patrol unit and ran violation, Salinas was entitled to stop the vehicle,
the personal information Appellant had given him. request the driver s license and insurance
At 11:00 p.m., five minutes after the initial stop, information from the driver, and conduct a

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