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Martinez v. State

A refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for detention or seizure, but evasive behavior is a factor relevant to determining reasonable suspicion.

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Appellant Joe L. Martinez appeals from his conviction for possession of a controlled substance with intent to distribute. He urges that his detention by the police was illegal and the evidence discovered pursuant to his illegal detention should have been suppressed. We affirm.

I. BACKGROUND

For over one month before August 19, 2000, a drug task force of federal, city and county law enforcement officers had been maintaining intermittent surveillance of apartment 104 of the Fountains Apartments in Lubbock, Texas. Surveillance was maintained because the task force had information that illegal drug-related activities might be occurring at the apartment. Task force members asked the manager of the Fountains to alert them if she noted any suspicious activity in connection with apartment 104. The manager reported suspicious activity at the apartment four or five times before August 19, 2000.

 
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