Scott Alan Johnson’s vehicle following a traffic stop. Rysavy ruled that while the initial stop was valid, officers were not justified in asking Johnson to step out of his vehicle or calling a canine unit.
By reversing Rysavy’s order, the case is no longer dismissed, and the state will have the option of using the cocaine allegedly located in Johnson’s wallet as evidence against him. His next scheduled court date is Jan. 10.
In their opinion, the judges said the two Austin police officers had “reasonable and articulable suspicion of drug-related criminal activity” to search Johnson and his vehicle for several reasons, including the visual presence of marijuana in the middle console of his truck.
Johnson was charged with felony 2nd degree drug possession and misdemeanors open bottle in a motor vehicle and possession of a marijuana in a motor vehicle after police allegedly found 10.5 grams of cocaine on him, and a small amount of marijuana and two open bottles of brandy in his truck.
According to the complaint, Johnson was pulled over on Fourth Street Northwest by an officer who allegedly witnessed Johnson running a red light following a suspected drug deal.
Johnson allegedly appeared to be under the influence during his conversations with police, showing symptoms such as shaky hands, a twitchy face and glossy eyes.
Johnson also made “furtive” movements, the court opinion said, shifting side to side in possible efforts to hide something while the police officer checked his driver’s license.
The officer called back-up, including a canine unit, and asked Johnson to step from his truck. While conducting a pat search, the officer felt a bulge in Johnson’s wallet, which was allegedly discovered to be cocaine.
