Darious Fabriese Lindsey v. State
01-15-00649-CR
| Tex. App. | Oct 6, 2016Background
- Officers surveilled a known crack house; a car parked in the driveway for several minutes then left; officers followed it.
- During the follow, the driver failed to stop at a stop sign and turned without signaling; officers stopped the vehicle.
- The driver lacked a driver’s license/ID and was arrested and placed in the patrol car.
- Officer Turrentine ordered passenger Darious Lindsey out of the car; Lindsey appeared nervous and admitted to carrying an alprazolam bottle without a prescription.
- The officer inspected the bottle and found two rocks of crack cocaine; officers field-tested and seized the drugs.
- Lindsey moved to suppress the cocaine and testimony, arguing the passenger was unlawfully detained after the traffic stop ended; the trial court denied suppression and convicted Lindsey of possession.
Issues and Key Cases Cited
| Issue | Lindsey's Argument | State's Argument | Held |
|---|---|---|---|
| Whether ordering passenger to exit car violated Fourth Amendment because stop was completed | Ordering Lindsey out occurred after stop completed and thus was unlawful | Stop had not been completed: driver was arrested, vehicle not secured, passenger could be ordered out for officer safety | Court held order lawful: stop ongoing when officer required Lindsey to exit |
| Whether officers had reasonable suspicion to detain Lindsey for questioning | No reasonable suspicion; nervousness alone insufficient and no connection to crime | Totality (parking at known crack house, brief stay, following, driver lacking ID, Lindsey’s nervousness) gave reasonable suspicion | Court held reasonable suspicion existed to detain Lindsey for questioning |
| Whether officers had probable cause to search/seize drugs after Lindsey’s statement | No probable cause prior to search/seizure | Once Lindsey admitted possessing unprescribed alprazolam, officers had probable cause to search and seize cocaine found in bottle | Court held admission provided probable cause; search/seizure lawful |
Key Cases Cited
- Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (standard of review for suppression rulings)
- Maryland v. Wilson, 519 U.S. 408 (1997) (officers may order passengers out of vehicle during traffic stop for safety)
- Rodriguez v. United States, 135 S. Ct. 1609 (2015) (traffic stop may not be extended beyond mission without reasonable suspicion)
- Arizona v. Johnson, 555 U.S. 323 (2009) (traffic stop ends when police have no further need to control scene; passenger may be ordered out during stop)
- St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007) (requesting ID from passenger after completed stop impermissible without reasonable suspicion)
- Green v. State, 256 S.W.3d 456 (Tex. App.—Waco 2008) (presence at known drug house and nervous behavior can support probable cause/reasonable suspicion)
- Matthews v. State, 431 S.W.3d 596 (Tex. Crim. App. 2014) (reasonable suspicion defined and evaluated under totality of circumstances)