Barrows v. State

814 P.2d 1376, 1991 Alas. App. LEXIS 54, 1991 WL 136745
CourtCourt of Appeals of Alaska
DecidedJuly 26, 1991
DocketA-3773
StatusPublished
Cited by4 cases

This text of 814 P.2d 1376 (Barrows v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barrows v. State, 814 P.2d 1376, 1991 Alas. App. LEXIS 54, 1991 WL 136745 (Ala. Ct. App. 1991).

Opinion

OPINION

MANNHEIMER, Judge.

James V. Barrows pleaded no contest to a charge of driving while his license was revoked, AS 28.15.291(a), reserving the right to appeal the denial of his motion to suppress evidence arising from what he asserted was an illegal investigatory stop. Cooksey v. State, 524 P.2d 1251 (Alaska 1974). We affirm.

At the evidentiary hearing on the motion to suppress, Fairbanks Airport Security Officer Moses Villalobos testified that he received a radio message from another officer that there was “a vehicle parked in an area where vehicles aren’t normally parked”, and that the occupants “appeared to be doing something that ... seemed suspicious”. Villalobos proceeded to the area described by his fellow officer and observed a van legally parked on the side of the road.

According to Villalobos, the road where the van was parked, although open to the public, was not a heavily traveled route; it was uncommon to see people parked there. Villalobos testified that he routinely makes contact with people observed in that area “just to talk to them” and “make [them] aware that there are certain laws that they have to abide by”. Villalobos testified that people have been known to use drugs and discharge firearms in that area and that minors frequently consume alcohol there. Villalobos also testified that he believed the vehicle “could have been broke[n] down”. He conceded, however, that there were “numerous reasons” why the vehicle might have been there.

Acting on these concerns, Villalobos stopped his patrol car about 20 feet away from the van. As he described it, when he walked toward the van he observed a female passenger; this woman “kept disappearing” in the back of the van. The driver, a male, “was going back and forth where I couldn’t see him for a while and then I could see him for a while.” Villalo-bos was aware that there had been sexual assaults in the area and he became concerned about the safety of the female passenger.

As he got closer, Villalobos observed that the woman was pregnant and extremely intoxicated. Villalobos asked the couple “how [they were] doing”, and he asked the woman her name, which she provided. After determining that the woman was not in any danger, Villalobos asked Barrows “if he’d mind” showing identification. Barrows responded that he had no identifying papers with him. Villalobos then asked Barrows his name. Barrows identified himself. Villalobos ran a computer check on the name and learned that Barrows’s license was revoked.

Villalobos confronted Barrows with this information and warned him that, if he drove, he would be placed under arrest. *1378 Villalobos offered to call someone to drive Barrows home, but Barrows told Villalobos that his brother-in-law, who was out walking in the woods, would return to the car and drive it. Villalobos then left the scene.

Shortly thereafter, Villalobos saw Barrows driving the van. Villalobos stopped Barrows and issued him a citation for driving while his license was revoked.

Barrows also testified at the evidentiary hearing. His version of events was slightly different. According to Barrows, when Villalobos asked him for his name, Villalo-bos told Barrows that he would go to jail if he did not reveal his identity. 1

District Court Judge Jane F. Kauvar, who heard the suppression motion, ruled that Villalobos had been entitled to make contact with the occupants of the van to “make sure ... there [was not] a problem” and “to make sure ... the woman [was] okay.” Regarding Villalobos’s request for Barrows’s name, and the officer’s subsequent computer check of the status of Barrows’s license, Judge Kauvar ruled:

I don’t know if Villalobos had a right to necessarily demand that Barrows give his name.... But he asked him his name, and Mr. Barrows gave him his name. And I don’t think there was anything illegal then about [Villalobos’s] just checking to see if the license was revoked. Once [Villalobos] knew [Barrows] had a revoked license, I think he had a right to stop him when he saw him driving.

In making this ruling, Judge Kauvar implicitly rejected Barrows’s claim that Villa-lobos had threatened him with jail if did not identify himself. This finding is not clearly erroneous. In Van Cleve v. State, 649 P.2d 972, 976 n. 6 (Alaska App.1982), we noted that “great deference is afforded the trier of fact’s resolution of ... testimonial conflicts because of its ability to observe the witnesses’ demeanor.” Moreover, in his brief to this court, Barrows does not renew the claim of coercion; while he characterizes Villalobos’s request for identification as a “demand”, Barrows does not assert that it was accompanied by a threat.

Nevertheless, relying on Ozhuwan v. State, 786 P.2d 918 (Alaska App.1990), Barrows contends that he was subjected to an illegal investigatory stop when Villalobos asked him for identification. Barrows asserts that Villalobos, by making this request, in effect instructed Barrows to “stay put” while the officer ran the computer check. Barrows further contends that Vil-lalobos no longer had any reasonable suspicion of criminal activity at the time he made the request for identification.

But not all encounters between the police and private citizens are investigative stops amounting to seizures for Fourth Amendment purposes. Waring v. State, 670 P.2d 857, 363 (Alaska 1983). In Waring, the supreme court explained the difference between a permissible “encounter” and a “seizure”:

Law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public, place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions.... Nor would the fact that the officer identifies himself as a police officer, without more, convert the encounter into a seizure requiring some level of objective justification.

670 P.2d at 363, quoting Florida v. Royer, 460 U.S. 491, 497, 103 S.Ct. 1319, 1324, 75 L.Ed.2d 229, 236 (1983).

A Fourth Amendment seizure occurs only when an officer, by means of physical force or a show of authority, in some way restrains the liberty of a citizen. A person is “seized” within the meaning of the Fourth Amendment only if, in light of all the circumstances, a reasonable person would believe that he or she was not free to leave or to break off the questioning. *1379 Waring v. State, 670 P.2d at 364. Elaborating this standard, the Alaska Supreme Court has stated:

We recognize that, upon being confronted by a police officer, the average person would feel an obligation to respond to the officer’s questions and not to walk away.

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Cite This Page — Counsel Stack

Bluebook (online)
814 P.2d 1376, 1991 Alas. App. LEXIS 54, 1991 WL 136745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrows-v-state-alaskactapp-1991.