State v. Elias
2011 Tex. Crim. App. LEXIS 448
| Tex. Crim. App. | 2011Background
- Appellee charged with possession of more than 2000 pounds of marijuana; suppression motion filed prior to trial.
- Deputy Sanchez stopped a white van for lack of signaling a right turn at a key intersection; appellee was driving alone.
- Officer observed appellee nervous; appellee had outstanding warrants for stop sign disregard, failure to appear, and financial responsibility.
- K-9 alerted to narcotics exterior to the van; approximately 300 pounds of marijuana found in the van, leading to residence search.
- Trial court held there was no reasonable suspicion or probable cause for the initial stop and suppressed evidence; State appealed.
- Court of Appeals affirmed suppression ruling; State sought discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether initial detention was justified by reasonable suspicion | Elias argued lack of articulable facts showing a traffic violation. | Elias contended officer saw no ticketable offense and lacked reasonable suspicion. | Remand needed; court held the detention issue requires further factual findings |
| Whether the Warrant attenuation and K-9 search justify the evidence | State contends warrants attenuate taint and K-9 search was permissible under automobile exception. | Elias argues suppression stands; proper analysis pending remand on attenuation/automobile exception. | Remand necessary to decide attenuation/automobile-exception question |
| Whether search incident to arrest was permissible | State maintains arrest on warrants permits search of van for evidence via automobile exception. | Elias argues the Court of Appeals should address this alternative before upholding suppression. | Remand to address alternative justification |
Key Cases Cited
- State v. Cullen, 195 S.W.3d 696 (Tex. Crim. App. 2006) (requires express trial-court findings on suppression rulings when requested)
- State v. Ross, 32 S.W.3d 853 (Tex. Crim. App. 2000) (framework for reviewing mixed questions of fact and law in suppression)
- Marin v. State, 851 S.W.2d 275 (Tex. Crim. App. 1993) (forfeiture and remedy principles in suppression review)
- United States v. Sokolow, 490 U.S. 1 (1989) (reasonable suspicion standard for investigative detentions)
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes objective reasonable suspicion standard)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits on search incident to arrest; dictates need for alternative justification if not within reach)
- Illinois v. Caballes, 543 U.S. 405 (2005) (K-9 sniff within automobile-exception context)