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Petitioner took the spare tire to a local truck stop where he
had the rubber tire separated from the metal rim. Upon his return
from the truck stop, petitioner placed the bundles of money inside
the spare tire and reattached the metal rim to the tire. Not
wanting to leave the money unattended, petitioner brought the
reassembled spare tire into his house. Prior to leaving for
Mercedes the next morning, petitioner remounted and padlocked the
reassembled spare tire under the frame of his truck.
Petitioner's Trip to Mercedes and Subsequent Events
Petitioner left for Mercedes on the morning of November 10,
1993. Petitioner's friends, Ronald Waller and Marcia Miller,
accompanied petitioner to Mercedes; they did not know of the
existence of the money hidden in the spare tire.
That afternoon, petitioner was stopped near Harlingen by
Officer Sergio Ramirez, Jr. (Officer Ramirez) of the Texas
Department of Public Safety (DPS) for failing to drive in a single
marked lane. Upon approaching the vehicle, Officer Ramirez noticed
that petitioner appeared nervous; consequently, Officer Ramirez
asked petitioner to step out of the truck. Petitioner complied and
told Officer Ramirez that he was going to Mercedes to purchase
recapped tires for an 18-wheeler. Petitioner later changed his
story, informing Officer Ramirez that the “real” purpose of his
trip was to visit his sick mother. Officer Ramirez became
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