Nathan Landin Gonzalez v. State
11-14-00349-CR
| Tex. App. | Dec 15, 2016Background
- Appellant Nathan Landin Gonzalez was indicted for possession of methamphetamine (<1 gram) in a drug-free zone; after the trial court denied his motion to suppress, he pleaded guilty and received deferred adjudication and fines/restitution.
- Police received a late-night dispatch about a loud-music complaint; Sergeant Sanchez was in the area and observed a vehicle drive past with loud music audible from the exterior.
- Williams was driving; Gonzalez was a passenger. Sanchez stopped the vehicle believing it violated the city noise ordinance for disturbing the peace.
- During the stop, Sanchez observed a pipe in the center cup holder and subsequently searched the vehicle, discovering a Ziploc baggie containing methamphetamine; both occupants were arrested for paraphernalia and controlled-substance possession.
- Gonzalez argued the stop lacked reasonable suspicion because the dispatch call did not specifically link the complaint to their vehicle and Sanchez did not hear the music until minutes after the call; the State argued Sanchez had specific articulable facts from his own observations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable suspicion to detain for a noise-ordinance violation | Gonzalez: No reasonable suspicion; dispatch lacked specific nexus and officer didn’t hear noise immediately | State (and Sanchez): Officer observed loud music from the vehicle and reasonably suspected a violation of the city ordinance | Stop was lawful—officer had specific articulable facts supporting reasonable suspicion and the motion to suppress was properly denied |
Key Cases Cited
- Carmouche v. State, 10 S.W.3d 323 (Tex. Crim. App. 2000) (bifurcated standard for reviewing suppression rulings)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (deference to trial court on credibility/demeanor in mixed questions of law and fact)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (officer must point to specific, articulable facts to justify a stop)
- Balentine v. State, 71 S.W.3d 763 (Tex. Crim. App. 2002) (temporary detention lawful if supported by reasonable suspicion)
- Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1997) (definition of reasonable suspicion standard)
- Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001) (totality-of-the-circumstances and objective standard for reasonable suspicion)