Background

• Bolen was indicted for possession of marijuana (≤2000 pounds but >50 pounds) and possession of a controlled substance (400+ grams).
• Authorities obtained consent to search a Cameron County property after a narcotics activity tip.
• Bolen entered the property in a pickup, fled when observed by officers, and a high-speed pursuit ensued.
• Bolen wrecked the truck; bundles of marijuana flew from the truck bed into the area; patients were recovered in plain view.
• Bolen motioned to suppress arguing lack of probable cause/reasonable suspicion; the trial court denied the motion.
• Bolen pled guilty but preserved appellate rights to challenge pre-trial rulings; the court of appeals affirmed denial of suppression.

Issues

Key Cases Cited

• United States v. Wardlow, 528 U.S. 119 (U.S. 2000) (flight in drug-trafficking area supports reasonable suspicion)
• Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (totality of circumstances governs reasonable suspicion)
• Cortez, 449 U.S. 411 (U.S. 1981) (totality of circumstances informs stop necessity)
• Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1997) (non-criminal acts assessed for suspicion; running may be relevant)
• Curtis v. State, 238 S.W.3d 376 (Tex. Crim. App. 2007) (analysis of reasonable suspicion in investigative detentions)
• United States v. Sokolow, 490 U.S. 1 (U.S. 1989) (addressed reasonable suspicion for detentions)