Garza v. State (2013)

In Garza v. State, 13-12-00240-CR, 2013 WL 3378325 (Tex. App.--Corpus Christi July 3, 2013, pet. ref'd), the appellant was arrested and charged with possession of cocaine. Garza contended that the officer violated his Fourth Amendment rights by conducting an unlawful detention. Id. It was his continued detention to await the arrival of the K-9 unit after the completion of the traffic stop investigation, absent reasonable suspicion of criminal activity, that Garza claimed violated his Fourth Amendment rights. Id. At the hearing on his motion to suppress, Garza's trial counsel stated that Garza was not challenging the validity of the initial stop. The Court concluded that the trial court abused its discretion when it denied Garza's motion to suppress because the facts articulated by the officer would not warrant a person of reasonable caution to believe that the further detention of Garza was reasonable.