Commonwealth v. Lane

553 S.W.3d 203
CourtMissouri Court of Appeals
DecidedAugust 16, 2018
Docket2016-SC-000655-DG
StatusPublished
Cited by10 cases

This text of 553 S.W.3d 203 (Commonwealth v. Lane) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Lane, 553 S.W.3d 203 (Mo. Ct. App. 2018).

Opinions

OPINION OF THE COURT BY JUSTICE VENTERS

The Commonwealth appeals from the Court of Appeals' decision which reversed the convictions of Appellee, Damion Montrece Lane, for possession of a controlled substance, first degree, first offense, and for tampering with physical evidence. The convictions were based on evidence discovered after a canine sniff search of Appellee's vehicle conducted during an otherwise routine traffic stop. We granted discretionary review to consider whether the dog sniff search prolonged the stop beyond its original purpose, requiring suppression of the discovered evidence under Rodriguez v. United States, --- U.S. ----, 135 S.Ct. 1609, 191 L.Ed.2d 492 (2015). For the reasons stated below, we affirm the Court of Appeals' decision.

I. FACTUAL AND PROCEDURAL BACKGROUND

Following a suppression hearing, the trial court made specific findings of fact which were cryptically noted on the docket sheet. Neither party challenges the trial court's findings of fact which are fairly summarized as follows.

Hopkinsville Police Officer and canine handler, Timothy Merrick, initiated a traffic stop after he saw Appellee run a stop sign in a high crime area. Officer Strauch promptly arrived on the scene to assist Merrick. As the officers approached the vehicle, Appellee moved around, fumbling, looking backward toward Merrick. That behavior caused the officers concern for their safety so they had Appellee exit his vehicle. A patdown search of Appellee's person revealed no weapons or contraband. The officers described Appellee as very nervous. Officer Merrick then retrieved his canine partner, Bowie, and deployed the dog to perform a sniff search of Appellee's vehicle. Bowie alerted to indicate the presence of drugs on the driver's side of the vehicle, however, no drugs were found in the vehicle.

While Bowie sniffed around the vehicle, Strauch observed Appellee reaching down by his right side and looking back towards the officers. When Bowie alerted on the vehicle, Strauch conducted a second search of Appellee's person. This search revealed a packet of cocaine in the right watch pocket of Appellee's pants.

Appellee was indicted for possession of a controlled substance, first degree, first offense, cocaine; tampering with physical evidence; and disregarding a stop sign. After denial of his motion to suppress, Appellee entered a conditional guilty plea, preserving the right to appeal the trial court's *205refusal to suppress the evidence. He was sentenced to serve three years in prison for the possession charge and to serve five years in prison for the tampering charge, with the sentences running concurrently. The sentences were probated. He was also assessed a twenty dollar fine for the traffic violation.

The Court of Appeals concluded that the sniff search prolonged the traffic stop, and so, it held that the incriminating evidence should have been suppressed.1 Accordingly, the Court of Appeals reversed Appellee's convictions. Upon discretionary review, we affirm the opinion of the Court of Appeals.

II. ANALYSIS

A trial court's ruling on a motion to suppress evidence is reviewed through a two-step process. First, the trial court's findings of fact are examined to determine whether they are supported by substantial evidence. If the findings of fact are not clearly erroneous, the suppression decision is reviewed de novo. Davis v. Commonwealth, 484 S.W.3d 288, 290 (Ky. 2016) (citations omitted).

Since the trial court's factual findings are not disputed, we turn our attention to the application of the law. Based upon the foregoing facts, the trial court concluded the traffic stop was justified for the purpose of enforcing the traffic violation. The trial court noted that Appellee's movements in the car raised valid concerns for the officers' safety and justified his removal from the car. The sniff search was initiated immediately after the stop, and the canine's alert to indicate the presence drugs near the driver's door justified a second search of Appellee's person. The trial court concluded that the evidence found in Appellee's pocket was admissible.

We agree with the trial court's initial determination that the traffic stop was proper. The officer saw Appellee run a stop sign and was authorized to stop his vehicle to investigate that violation and issue a citation, if warranted. A police officer is authorized to conduct a traffic stop when he or she reasonably believes that a traffic violation has occurred. Commonwealth v. Bucalo, 422 S.W.3d 253, 258 (Ky. 2013).

Appellee claims that the incriminating evidence found in his pocket should have been suppressed as the fruit of an illegal search conducted after the otherwise lawful traffic stop was unlawfully extended. "A seizure that is justified solely by the interest in issuing a [traffic] ticket to the driver can become unlawful if it is prolonged beyond the time reasonably required to complete that mission." Illinois v. Caballes, 543 U.S. 405, 407, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005).

We recognize that a properly-conducted routine traffic stop encompasses several tasks reasonably incident to the stop, such as checking the validity of the driver's license, determining the vehicle's registration and proof of insurance, and ascertaining if the driver is wanted on outstanding warrants. Rodriguez v. United States, --- U.S. ----, 135 S.Ct. 1609, 1615, 191 L.Ed.2d 492 (2015) (citing Caballes, 543 U.S. at 408, 125 S.Ct. 834 ; Delaware v. Prouse, 440 U.S. 648, 658-660, 99 S.Ct. 1391, 59 L.Ed.2d 660

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Bluebook (online)
553 S.W.3d 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lane-moctapp-2018.