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Last Modified on Oct 13, 2025
At the Law Office of Joseph Ruiz, PLLC, we recently secured the dismissal of a felony drug case after successfully challenging the legality of the methods used by police to find the contraband.
The Stop and Detention
Our client was pulled over for a minor traffic issue that should have resulted in a quick, routine encounter. Our client made the mistake of parking right in front of a handicap access ramp in front of a gas station. The officer went deep into the playbook to find a way to stop our client. Yes – there is actually a Texas transportation code provision that prohibits this.
After verifying our client’s driver’s license, insurance, and confirming there were no outstanding warrants, the officer continued to detain him to ask unrelated questions and later called for a K-9 unit to sniff the outside of the vehicle. Further, the cop claimed he could smell “narcotics” of some kind.
By that point, the purpose of the original stop had already been completed, and there was no new evidence or reasonable suspicion to justify prolonging the detention any further. The vague reference to smelling narcotics of some kind is not specific enough to warrant further detention. This extended investigative detention eventually led to a positive alert from the dog and, therefore, probable cause to search the vehicle. The search led to the discovery of methamphetamine, heroin, and drug paraphernalia.
Our client had various priors, so the government charged him with an enhanced state jail felony, effectively making the case a 3rd degree felony with 2 to 10-year prison exposure. The government’s offer was 5 years TDC.
The Law: Rodriguez v. United States
The U.S. Supreme Court’s decision in Rodriguez v. United States makes it clear that once the purpose of a traffic stop is fulfilled, police cannot extend the stop to investigate unrelated matters unless they have specific, articulable facts suggesting additional criminal activity. Any evidence obtained during such an unlawful extension is inadmissible in court.
Our Argument and Outcome
After several court appearances where no headway was made from the initial offer of 5 years TDC, we filed a motion to suppress all evidence obtained, arguing that the officer extended the stop without lawful justification. After reviewing the video evidence and our legal argument, the State of Texas, on the eve of our suppression hearing, agreed that the detention violated Rodriguez and the 4th Amendment. Case Dismissed!
This dismissal reaffirmed a core constitutional principle: the Fourth Amendment protects citizens from arbitrary and prolonged detentions by law enforcement.
Why This Matters
Traffic stops are one of the most common ways police initiate criminal investigations in Texas. However, officers must follow strict constitutional requirements. When they don’t, the resulting evidence — even in serious felony cases — can and should be suppressed as “the fruit of the poisonous tree.”
At the Law Office of Joseph Ruiz, PLLC, we carefully analyze every second of bodycam and dashcam footage to identify constitutional violations that can make the difference between a prison sentence and a dismissal.
Contact the Law Office of Joseph Ruiz, PLLC
If you or someone you care about has been stopped, searched, or arrested in Texas, don’t assume the police acted lawfully and that there is no hope. Let RUIZ LAW police the police in order to make sure your 4th amendment rights weren’t violated.
Joseph Ruiz is a Houston-based criminal defense attorney dedicated to protecting the rights of the accused in DWI, drug, and serious felony cases throughout Harris County and surrounding areas.
