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In the 249th Judielal District Court of the State of Texas Curt B. Henderson, Judye Presiding ‘STATE OF TEXAS vs. ALBERT BROWN up CONCLUSIONS OF LAW BE IT REMEMBERED that on he 12h day of December, 2008, came on to be heard and considered Defendant, Albert Brown's Motion to ‘Suppress en the Cost, ater having conducted a hesing on said maton, and ater cart exainng the exhibits presented by both pares, nds as otows: 4. Officer Casebolt of the McKinney Police Department, a law ‘enforcement agency, conducted @ search and arrest of the Defendart on the 21st day of April, 2007, without an arrest or search warrant, 2. At approximately 10:20 pm Officer Casebolt observed a vehicle parked about five feet from the curb facing the wrong direction with its high beams on. The officer observed that ‘oncoming trafic had to take action to avoid the vehicle. The officer observed the vehicle for a few minutes before deciding fo approach. Immediately upon exiting his vehicle Officer Casebolt observed three individuals exit the suspect vehicle. Officer Casebolt was able to make contact with ll three individuals and identify Albert Brown as the driver and owner of the vehicle in question, 3. Officer Casebolt asked Mr. Brown for his driver's license to hich he provided to the officer. 4. Officer Casebolt then asked for and received permission to ‘search Mr. Brown at 10:24 pm... The officer searched Mr. ‘Brown and the search did not reveal anything illegal. 5. Mr. Brown was then ordered to sit on the curb. 6. At 10:26 p.m. a check of Mr. Brown's license revealed that it was clear indicating that Mr. Brown had no warrants outstanding and his license was valid. 7. Officer Casebolt also received permission from Mr. Brown to search the vehicle. Upon searching the vehicle the officer noticed and open 40 oz. beer, cash on the center console, a ‘cigar and marijuana seeds throughout the vehicle. The search of the vehicle was completed at 10:31 p.m, 8. Officer Casebolt dd not have probable cause to arrest Mr. Brown for the mariana seeds nor could he arrest Mr. Brown {for the open container since it fs not an offense for which one can be arrested 9. Mr. Brown requested his license back from Officer Casebolt and Officer Casebolt refused to retum the license to Mr. Brown, 10. Officer Messner arrived on scene at approximately 10:34 pm in order fo search the two female occupants of the vehicle. These searches were completed at 10:42 p.m, twenty-two (22) minutes after the intial stop. Nothing ilegal or ‘suspicious was found by Officer Messner. 11. After the initial search of all three individuals and nothing ilegal was found, Officer Casebolt did not have any ‘additional facts or basis to detain Mr. Brown, other than completing a citation ihe chose to do so. 12. Officer Casebolts beliof that there was legal drug ‘activity going on was simply based on a hunch after the ‘searches had been conducted, 13. Officer Casebott asked Officer Messner to seaich one of the females a second time, 14. While the second search of Ms. Houpt was being conducted, Oicer Casebolt had begun filing out a citation for Mr. Brown, 15. During this search a baggie of marijuana was found in the waistband of her underwear. After being read her Miranda Fights the female, Ms. Houpt, stated that the drugs were not hers, that he (referring to Mr. Brown) might have more, and that the cther female had just gotten in the car and given Mr. Brown some money right before Officer Casebolt showed up. 16. Officer Casebolt returned to Mr. Brown at approximately 11:07 p.m. some 50 minutes after the intial traffic stop and ial wil ‘search his person again. Mr. Brown stated “Yes Sir, but you just searched me." Mr. Brown was instructed to place his hands or his head so the officer could search. Wr. Brown ‘argued with the officer about already having been searched 17. Officer Casebolt at this time placed Mr. Brown under arrest for the traffic violations. During @ search incident to Continuing to fil out a citation requested consent to arrest Offcer Casebolt allegedly found a plastic baggie with several large rocks of crack cocait Brown's underwear. 18. Based on the above facts and conclusions, the Court finds that thare was insufficient probable cause or reasonable suspicion to detain Mr. Brown for over 40 minutes and to ‘search Mr. Brown the second time, 19. The officer did not have any additional factors or evidence to justify the continued detention of Mr. Brown after the initial searches, after his license came back clear, nor ‘when the searches of the passengers yielded negative results in the waistband of Mr. IT IS THEREFORE ORDERED that the relief requested in the Defendant's Motion to Suppress be in all things be GRANTED. Signed on the 31* day of December, 2008. Ci a Judge Presiding