N.D.Tex.: RS from various admissions, and wearing a t-shirt with Pablo Escobar on it

Reasonable suspicion here from, inter alia, conflicting travel plans, admitting heading to South Carolina for further instructions from an unknown person [dumb], and having on a t-shirt with Pablo Escobar on it. United States v. Lopez, 2021 U.S. Dist. LEXIS 230712 (N.D.Tex. Dec. 2, 2021)*:

Here, the Court finds that the totality of Defendants’ words and actions were sufficient for Trooper Pacheco to reasonably suspect that Defendants were trafficking narcotics and to subsequently detain the defendants after the initial traffic stop concluded. Specifically, the Court finds the following evidence relevant and persuasive. Trooper Pacheco testified during the hearing that:

▪ Lopez and Osorno told Trooper Pacheco conflicting stories when he questioned them about their travel plans;

▪ Lopez initially hesitated when asked about their travel plans, and then stated he and Osorno were travelling from California to Texas to “chill with friends.” However, Lopez could not state with specificity where they were headed — even though he was driving;

▪ Lopez stated he was travelling with only $200, a statement which Trooper Pacheco testified aroused his suspicion, as $200 is a small amount of money to carry for a cross-country trip;

▪ Lopez stated that he and Osorno had travelled all night. Trooper Pacheco testified that in his training and experience, narcotics traffickers often “travel from point A to point B as quickly as possible” in order to avoid detection;

▪ When Trooper Pacheco began to question Osorno, he noticed that Osorno was exhibiting signs of nervousness, despite having told Osorno he was only issuing a warning for the traffic violation;

▪ Osorno told Trooper Pacheco they were headed for South Carolina, where they were to await further instructions from an unidentified third party;

▪ Lopez and Osorno were travelling along Interstate-40, a route, Trooper Pacheco testified, known by law enforcement as a notorious corridor for narcotics trafficking; and

▪ Finally, Defendant was wearing a t-shirt emblazoned with the name “PABLO” and a painted-style portrait of the infamous drug cartel kingpin Pablo Escobar.

Accordingly, the Court finds that Trooper Pacheco, or any other reasonable law enforcement officer, could have reasonably suspected Defendant and the other occupant of the vehicle were involved in trafficking narcotics based on the totality of the facts and circumstances known to Trooper Pacheco at the conclusion of the initial traffic stop. Therefore, Trooper Pacheco’s detention subsequent to the initial traffic stop was justified at its inception.”

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