Vasquez v. State
324 S.W.3d 912
Tex. App.2010Background
- Appellant Vasquez appeals the trial court's denial of his motion to suppress after a traffic-stop and search led to large cocaine seizure.
- Trooper Charles Kibble stopped Vasquez for illegal window tinting and speeding on Highway 59 and placed him in a service-road detention while investigating.
- Kibble's suspicions were based on Vasquez's travel plans to Greenspoint Mall, Greenspoint being a high-crime area, Vasquez's absence from work, unusual itinerary, and observed nonverbal cues.
- Vasquez consented to a search of the vehicle; a patrol-car search uncovered 68 kilograms of cocaine; Miranda warnings were given and he was arrested.
- The trial court found the stop lawful, the detention reasonable, and the consent voluntary; Vasquez pled guilty to possession with intent to deliver a controlled substance.
- Appellate review affirmed, holding the detention supported by reasonable suspicion and consent voluntary; the conviction and sentence were upheld.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to continue detaining after the stop? | Vasquez contends no continuation of detention was justified. | State argues totality of circumstances supported reasonable suspicion. | Yes, reasonable suspicion supported continued detention. |
| Was Vasquez's consent to search voluntary? | Consent tainted by illegal detention and coercion. | Consent was voluntary based on the totality of circumstances. | Yes, consent was voluntary. |
Key Cases Cited
- Guzman v. State, 955 S.W.2d 85 (Tex.Crim.App.1997) (standard of review for suppression rulings; deference to trial-court findings)
- Kothe v. State, 152 S.W.3d 54 (Tex.Crim.App.2004) (reasonable suspicion after completion of stop; totality of circumstances)
- Balentine v. State, 71 S.W.3d 763 (Tex.Crim.App.2002) (investigative detention length deemed reasonable when conducted efficiently)
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S.1963) (voluntariness of consent; coercion-free search standard)
- Royer, 460 U.S. 491 (U.S.1983) (consent validity where detention exists but is justified by reasonable suspicion)
- Reasor v. State, 12 S.W.3d 813 (Tex.Crim.App.2000) (factors for voluntariness of consent under totality of circumstances)
- Moahmed v. State, 977 S.W.2d 624 (Tex.App.-Fort Worth 1998) (consent and inquiries during traffic stops)