Harris v. State

2018 WY 14, 409 P.3d 1251
CourtWyoming Supreme Court
DecidedFebruary 7, 2018
DocketS-17-0135
StatusPublished
Cited by6 cases

This text of 2018 WY 14 (Harris v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. State, 2018 WY 14, 409 P.3d 1251 (Wyo. 2018).

Opinion

HILL, Justice.

[¶1] James Bryant Harris, Jr., argues that the trial court erred in denying his motion to suppress evidence obtained as a result of a detention and subsequent search of his vehicle. We affirm.

ISSUE

[¶2] Mr. Harris submits his single issue on appeal: '

Did the trial court err in denying Appellant’s Motion to Suppress Evidence obtained as a result of his illegal detention and subsequent search of his vehicle?

FACTS

[¶3] On May 5, 2016, in the early afternoon, Trooper Aaron Kirlin initiated a vehicle stop on Interstate 80 for speeding. Two people occupied the vehicle — James, Harris and his wife, Katelyn. The trooper requested Mr. Harris’s license, registration, and proof of insurance, and told Mr, Harris he would only be warned for speeding. The information checked out, except for the insurance card’s expiration date.

[¶4] After some discussion about the insurance, Trooper Kirlin asked Mr. Harris to come back to the patrol car while he verified the remaining documentation. While in the patrol car, Trooper Kirlin inquired about the Harris’s travel plans. Mr. Harris was unclear about when exactly they left Salt Lake City, Utah, or when they left Florida, and requested the trooper to ask his wife. Mr. Harris also said it had taken two days to drive from Salt Lake City, and that they intended to travel to Florida in'the same amount of time, which the trooper found odd.

[¶6] During the hearing on Mr. Harris’s motion, Trooper Kirlin testified that throughout the encounter, Mr. Harris was nervous, as evidenced by a rocking leg, fidgeting with his pants pockets, and excessive talking. The trooper testified that he tried to set Hams at ease by asking about things like fishing, but when returning to the subject of travel plans, his nervousness returned. The trooper also testified that when he asked Harris about medical conditions, he responded that he had an anxiety disorder.

[¶6] Trooper Kirlin testified that he then went back to the Harris’s car to speak with Mrs. Harris. She reported she was having trouble finding the updated insurance information, and when asked about travel plans, she stated they were traveling from Eugene, Oregon. She stated they were driving straight through to Florida, but did make a couple stops in various towns, but did not remember which ones, except for Salt Lake City. The trooper 'retuned to the patrol car and asked Mr, Harris if he had ever been arrested. The,trooper testified that early on in his contact with Mr. Harris,, dispatch informed him that his car had been stopped three months earlier near Rock Springs, Wy-oming, and that had resulted in the seizure of a small amount of marijuana arid the issuance of a citation. In response to the trooper’s question about ever having been arrested, Mr. Harris said no, but then “kind of argued his ease that he’d never been arrested.”

[¶7] Trooper Kirlin once again returned to the Harris vehicle. Mrs. Harris had found the insurance information, and the trooper confronted her with the discrepancies in the two stories. She explained away the differences by stating that Mr. Harris had been living in Oregon for a year and a half, and that she did not know what he was doing there— maybe fishing, but that they had been separated for over six years.

[¶8] When the trooper compared the two stories, Mr. Harris explained to the trooper that during the first part of the stop, he panicked and accidentally told him details of a previous trip. Trooper Kirlin then advised the couple of their detention and also of their Miranda rights. He also deployed his K-9, Frosty, who alerted to the presence of a controlled substance in two spots of the vehicle. A subsequent search revealed THC “Yape” Capsules and 16.27 pounds of marijuana. The trooper arrested Harris for one count of possession of a controlled substance and one count of a controlled substance with intent to deliver.

[¶9] Harris pleaded not guilty to both charges, and on September 7, 2016, filed a motion to suppress evidence based on the roadside search of his car. During the hearing on his motion, Harris argued that under the totality of the circumstances, Trooper Kirlin did not have reasonable suspicion of illegal activity unrelated to the reason of the initial traffic stop that justified an extension of the scope of the stop. He argued that the detention was unconstitutional because the trooper lacked reasonable suspicion as Harris and his -wife had corrected the discrepancies in their travel plans, and even if the Trooper developed reasonable suspicion, he developed it after Harris’s wife obtained the updated insurance information. Harris also questioned whether the drug dog alerted or not, and stated that he would “let” the tape speak for itself.’

[¶10] In contrast, the State argued that the trooper developed reasonable suspicion based upon travel plan discrepancies and oddities, Mi’. Harris’s nervousness, and not admitting his criminal history. The trooper, also explained the delay in the traffic stop because Harris was unable, to provide an up to date proof of insurance until late in the stop. Trooper Kirlin testified during the hearing about the myriad facts that led him to be suspicious of ongoing criminal activity. He mentioned the discrepancies of their travel plans, Mr. Harris-’s nervousness, and his dishonesty about his previous criminal record.

[¶11] The district court denied Mr. Harris’s motion to suppress. The court concluded:

... under the totality of the circumstances, Trooper Kirlin had reasonable, ar-ticulable facts to justify detaining Mr, Harris and Mrs. Harris and to justify further inquiry. Also under this set of circumstances, including Mrs. Harris’s responses to his questions regarding the presence of controlled substances in the vehicle, Trooper Kirlin then had reasonable suspicion to expand the scope of the stop so as to deploy his K-9, Frosty, for an exterior sniff of the vehicle.” (footnote and cjtations omitted).

[¶12] After the district court denied Mr. Harris’s motion to suppress, the State and Mr. Harris entered into a plea agreement, wherein Mr. Harris could plead guilty to the count'of possession of a controlled substance, conditioned on his right to appeal the district court’s denial of his motion to suppress. The court sentenced him to three to five years, suspended in favor- of three years’ probation. This appeal followed.

STANDARD OF REVIEW

[¶13] When reviewing the denial of a motion to suppress, we view the evidence in the light most favorable to the district court and defer to its factual findings unless they are clearly erroneous. We review de novo the ultimate determination regarding the constitutionality of a particular search or seizure. Wallace v. State, 2009 WY 152, ¶ 8, 221 P.3d 967, 969 (Wyo. 2009); Garvin v. State, 2007 WY 190, ¶ 10, 172 P.3d 725, 728 (Wyo. 2007).

DISCUSSION

[¶14] Harris argues on appeal that the scope of the originally lawful stop was imper-missibly extended. Though he does not contest the validity of the initial stop, or even whether the trooper had probable cause to search his vehicle, Mr.

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Bluebook (online)
2018 WY 14, 409 P.3d 1251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-state-wyo-2018.