Guerra, Juan Jose, 432 S.W.3d 905

Appellant Juan Jose Guerra was convicted of unlawful use of a criminal instrument with intent to commit aggravated kidnapping or aggravated sexual assault; jury assessed 20 years and found he personally used a firearm.
On April 28, 2010, an ICE agent’s husband and wife observed Guerra driving slowly, stopping near an ICE facility and looking at children; the wife reported suspicious behavior.
ICE Special Agent Stone pursued and stopped Guerra, observed a stun gun prong, and learned Guerra had a knife and firearm; Stone then found a second gun and items in the car (zip ties, duct tape, gag-like bungee cord/padding, lubricant, condom, Viagra bottle).
Stone was not a Texas peace officer but was an ICE special agent; he did not obtain a warrant before searching the vehicle and admitted he had not seen a felony committed in his presence.
Trial court granted suppression in part (certain custodial statements) but denied suppression of most physical evidence and denied suppression of evidence from a later apartment search; the court of appeals affirmed.
The issue on discretionary review was whether Articles 2.122 and 14.03 of the Texas Code of Criminal Procedure can be read together to authorize a federal special agent to stop/detain a person based on reasonable suspicion of felony activity under Texas law.

Issue	Plaintiff's Argument (Guerra)	Defendant's Argument (State)	Held
Whether a federal ICE special agent may stop/detain under Texas law by construing Art. 2.122 with Art. 14.03	Art. 2.122 excludes ICE agents from being "peace officers" and does not authorize detentions absent probable cause to arrest; Articles cannot be read to give detention powers less than arrest without probable cause	Art. 2.122 gives special investigators the powers of arrest/search/seizure for felonies and, read with Art. 14.03, empowers them to arrest or temporarily detain when facts show suspicion of felony	Court held Art. 2.122 invests designated federal investigators with power to arrest/search/seize for felonies; based on facts and totality circumstances Stone had reasonable suspicion to stop and temporarily detain Guerra; suppression denial affirmed
Whether Stone had reasonable suspicion to justify the investigatory stop	The record lacked reasonable suspicion of a felony under Texas law; evidence was fruit of illegal stop, so subsequent warrant and apartment search should be suppressed	The totality of facts (slow driving near ICE facility, looking at children, prior report of a female employee being followed, alerts re: suspicious persons, intelligence about drug transfers in similar vehicles) provided reasonable suspicion	Court held facts known to Stone provided reasonable suspicion of possible felony activity (drug activity or crimes against children or law enforcement), justifying stop/detention

Mosley v. State, 983 S.W.2d 249 (Tex. Crim. App. 1998) (interpreting Art. 2.122’s limitation of federal officers’ powers to felony offenses)
Arguellez v. State, 409 S.W.3d 657 (Tex. Crim. App. 2013) (cumulative information known to cooperating officers may be considered for reasonable suspicion)
Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (reasonable suspicion is required for investigative traffic stops)
Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (U.S. 2004) (discussing investigatory stops and reasonable suspicion)
Comer v. State, 754 S.W.2d 656 (Tex. Crim. App. 1986) (illustrative case where facts were insufficient for investigatory stop)
Tunnell v. State, 554 S.W.2d 697 (Tex. Crim. App. 1977) (illustrative case finding detention unreasonable under specific facts)