From a Law Offices of David Sloane, PLLC press release
On March 12, 2020, Judge Jack McGaughey of the 97th District Court in Montague County held that the stop and subsequent detention of two Florida men as unlawful and granted the defense’s motion to suppress 400 lbs of marijuana and five lbs of THC concentrate evidence derived as a result of that stop.
The men were both charged with Manufacture and Delivery of a Controlled Substance Penalty Group 2 over 400 Grams. Both were facing five to 99 years or life in prison.
On April 19, 2018, at 12:30 AM Deputy Clinton Pelton and his K-9 “Ace” was working criminal drug interdiction on US 287 near FM 1125 when Pelton observed a Cruise America (rental) motorhome with Florida plates traveling southbound. The RV was occupied by Matthew Whalen, 61, and Spencer Enloe 29, both from Ocala, Florida. The deputy tailed the RV and ultimately stopped it claiming the traffic violation of “Driving on an Improved Shoulder” because he allegedly observed the right rear tire of the RV cross the outside fog line.
“Interdiction” is a military term that refers to the act of delaying, disrupting, or destroying enemy forces or supplies en route to the battle area. In the sense of police force and drugs, it is using traffic stops to remove items such as marijuana from availability as they are transported from the initial base of operation to the destination.
With a number of recent major arrests involving motorhomes, drug interdiction officers have been very active in stopping them. This is the most common violation they allege because motorhome operators tend to stay far to the right so as not to encroach on the inside lane. However, there is case law in Texas that states merely encroaching or crossing the outside fog line does not constitute “driving on the shoulder.”
Immediately upon stopping them, Deputy Pelton asked Whalen, the driver, to exit the vehicle and “invited” him to come and sit in the patrol car with him while he wrote the citation. Once there he immediately began questioning Whalen where they were coming from; where they were going; their reason for travel; their route and schedule, etc. Sloane mentions that these are all interdiction questions. The officer questioned Whalen for at least 6 minutes before he began running his customary checks officers are allowed to conduct in a routine traffic violation stop. The officer then walked up and asked Enloe similar questions, and then started asking for permission to search the motorhome which Whalen refused.
Sloane told TCC that the refusal of the search was a big important item here.
“Refusing the search gave me much more to work with. Had he given consent (in this case) I still could have argued the consent was the product of a request arising from an illegal stop and therefore the fruit of the poison tree. But usually, traffic violation allegations are not so readily disproven,” Sloane stated.
Once other deputies arrived Deputy Pelton removed “Ace” from his cruiser to conduct a free air sniff around the RV, claimed the dog alerted on the vehicle and then conducted a search where the contraband including 400 lbs of marijuana and 5 lbs of THC concentrates was found.
In Rodriguez v. United States, the US Supreme Court reigned in these Check-Point-Charlie roadside interrogations being conducted by highway interdiction officers, stating they cannot delay or extend the duration of a routine traffic stop for any period of time, no matter how brief, without reasonable suspicion of criminal activity.
On November 13, 2019, Sloane filed a motion to suppress the evidence alleging the stop was unlawful at the outset, as well as the continued duration. On February 20, 2020, a hearing was held. In his holding, the judge stated that the officer lacked a lawful reason to stop the vehicle. Therefore it is unnecessary to determine if the duration of the stop was lawful and granted Sloane’s motion to suppress. Without evidence of 400lbs of marijuana or 5 lbs of THC concentrates, the prosecution will be unable to move forward.
TCC asked Sloane what he recommends to anyone caught in any marijuana situation. Sloane added that ” (You should) Never give police ANY more information than what is readily available on your license and registration. That’s all they’re entitled to know!”
It is a reminder that an officer is allowed to stop you and request your license as driving without it is another driving violation.
Sloane continued, “When they start asking questions wholly irrelevant to the alleged traffic violation (often making it sound like small talk) they are trying to establish reasonable suspicion to continue your detention. DON’T say anything more than can be found on your license or registration!”
This helps lawyers like Sloane get these cases dismissed because it will place the burden on the DA to prove guilt and proper procedure followed. Once you have an attorney to represent you in such a case, they can press the right questions to get these submissions of evidence and offenses removed from the case.
