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appellant’s apartment in Big Spring. The trial of the State of Texas.”
court denied the motion to suppress Article 14.03 authorizes peace officers to
evidence seized pursuant to that search make arrests without warrant. But as
warrant. acknowledged by the state, Stone was not a
We are called upon to review the court of Texas peace officer, thus the provisions of
appeals’s decision that Stone, a federal agent Article 14.03 do not apply to his actions, and
and not a Texas peace officer, was authorized he was constrained only by the provisions of
to temporarily detain or arrest appellant. Article 2.122. Further, Stone did not arrest
Appellant asserts Article 14.03 applies appellant, he merely detained him, which he
only to arrests and that neither Article 2.122 is authorized to do under Article 2.122.
or Article 14.03, even construed together, The record and the trial court’s findings of
allow a federal agent to stop and detain him; fact confirm that such a reasonable suspicion
neither provision authorizes a federal agent existed at the time Stone stopped appellant
to detain a citizen, rather, “a federal agent and reveal that, at the time of the stop, the
only has the power to arrest if there is following information was known to Stone.
probable cause, which the State concedes During the evening hours, appellant was
was lacking here.”2 He also asserts that, slowly driving a light-colored Toyota Camry,
even if Article 2.122 permits a detention, in an area with closed businesses, and
Stone did not have reasonable suspicion to appellant, the sole occupant of that vehicle,
detain him. The state asserts that the court of was looking at children who were outside in
appeals correctly ruled that the trial court did the area;
not abuse its discretion by denying Appellant subsequently parked his vehicle
appellant’s suppression motions. It argues in a parking lot next to the Immigration and
that a special investigator, as defined under Customs Enforcement parking lot, facing and
Article 2.122, shall have the powers of arrest, illuminating the area where the husband and
search, and seizure under state law as to wife officers were;
felonies and that Stone, a special agent for A female employee at that ICE facility had
the United States Immigration and Customs been followed home;
Enforcement, i.e., a special investigator, had The vehicle was registered to a man in Big
authority pursuant to Article 2.122 to stop Spring;
and detain appellant for an investigation and ICE was investigating a drug-trafficking
that reasonable suspicion existed for the organization that was distributing narcotics
detention. to people in Big Spring, and one of the
Thus, the designated federal officers, even individuals involved in a transfer of narcotics
though not deemed peace officers, have the was observed in a light colored Toyota
powers of arrest, search, and seizure as to Camry;
felony, as opposed to misdemeanor, offenses. Stone, as an ICE employee, had received
We hold that Stone, as such a federal officer, copies of notices addressed to local law
was not deemed a peace officer, but did enforcement that advised of the potential
“have the powers of arrest, search and danger of gang activity;
seizure” as to felony offenses “under the laws ICE had received an alert from a border-
Nov/Dec. 2014 www.texaspoliceassociation.com • 866-997-8282 33
