Tremayne Alexander Johnson v. State
09-15-00456-CR
| Tex. App. | Jan 18, 2017Background
- Police responded to multiple 911/dispatched calls around 12:50 a.m. reporting a chaotic disturbance traced to 912 Silverdale; callers included a voicemail identified as "Chikita."
- Officer Westbrook arrived, encountered Chikita who waved him down and pointed to a black Nissan Versa pulling out of the driveway, saying "that’s him."
- Westbrook stopped the Nissan; Tremayne Johnson was the front-seat passenger. Westbrook observed Johnson sweating and with his right hand tucked under his leg, asked for his hands, and Johnson produced small packages of synthetic marijuana and cigarillos.
- A cellophane bag fell from Johnson containing a substance identified as "Serenity" (synthetic marijuana); Westbrook smelled marijuana. Johnson was handcuffed; officers searched the vehicle and found additional drugs (pills, cocaine) and, later, a locked safe that Johnson admitted was his. A narcotics dog alerted and the safe was opened with a key on Johnson, revealing scales and drug residue.
- Johnson moved to suppress all evidence as the fruit of an unlawful investigatory detention; the trial court denied the motion. Johnson pleaded guilty to three counts (manufacture/possession of cocaine and methamphetamine; unlawful possession of a firearm by a felon), admitted enhancement, and received concurrent 30-year sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial stop/detention lacked reasonable suspicion and tainted evidence | Johnson: stop was investigatory detention without reasonable suspicion, so subsequent evidence should be suppressed | State: dispatch 911 calls, scene corroboration by Chikita identifying Johnson’s car, and officers’ observations created reasonable suspicion to stop and detain | Court: Denied; totality of circumstances (911 calls, on-scene ID, vehicle leaving) supplied reasonable suspicion |
Key Cases Cited
- Valtierra v. State, 310 S.W.3d 442 (Tex. Crim. App. 2010) (review standard for suppression rulings)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (standard for investigatory stops and reasonable suspicion)
- Alabama v. White, 496 U.S. 325 (U.S. 1990) (anonymous tip corroboration may justify detention)
- Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (weight given to known citizen-informant and totality-of-circumstances analysis)
- Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (definition of reasonable suspicion under Texas law)