People v. Mason

2013 CO 32, 310 P.3d 1003, 2013 WL 2407166
CourtSupreme Court of Colorado
DecidedJune 3, 2013
DocketSupreme Court Case No. 13SA49
StatusPublished
Cited by6 cases

This text of 2013 CO 32 (People v. Mason) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Mason, 2013 CO 32, 310 P.3d 1003, 2013 WL 2407166 (Colo. 2013).

Opinion

Justice COATS

delivered the Opinion of the Court.

{1 The People filed an interlocutory appeal pursuant to section 16-12-102(2), C.R.S. (2012), and C.A.R. 4.1, challenging the trial court's suppression of drugs discovered in the defendant's pick-up truck. Grounds for the search came from the alert of a narcotics detection canine led around the vehicle. Although the district court upheld the initial traffic stop, it found that the defendant was illegally detained at the time of the dog sniff because the purpose for the initial stop of his vehicle had already been accomplished and no other reasonable suspicion existed to support further investigation. The court therefore suppressed the results of the subsequent search as the product of an illegal detention.

12 Because the officers lacked reasonable articulable suspicion to detain the defendant for further questioning or investigation after issuing him a summons and completing the traffic stop, the contraband seized from his vehicle was properly suppressed as the product of an illegal detention. The district court's suppression order is therefore affirmed, and the case is remanded for further proceedings.

I.

13 Following the discovery of contraband in his pick-up truck, Paul Mason was charged with unlawful possession of more than two grams of methamphetamine. He moved to suppress all evidence seized from his truck on grounds that the officers lacked reasonable articulable suspicion for the initial stop, as well as his subsequent detention while awaiting arrival of a narcotics canine unit. The motion was heard solely on the testimony of the officer who first stopped the defendant's truck and a police investigator who requested the canine unit, and following the hearing, the district court issued written findings of fact and conclusions of law.

T4 The court found that police officers were conducting surveillance of a residence at 620 Hudson Bay Drive, in Mesa County, which they believed to be the site of illegal drug activity. Police witnessed a white truck leave the house, and after observing it make a late turn signal and incomplete stop at a stop sign, a deputy sheriff pulled it over. After further confirming that the defendant's license was under suspension, the deputy decided to issue him a sammons.

{5 While the deputy was completing the necessary paperwork, the defendant declined the request of another officer to search his truck. However, a sheriff's investigator who had heard the defendant's name over the radio notified the stopping deputy that he had reasonable suspicion to believe the defendant had just bought drugs at the Hudson Bay address. Based on that information, the defendant and his truck were detained even after the required paperwork for his summons had been completed. The detaining deputy retained the defendant's identification [1005]*1005and informed him that he was still not free to leave.

T6 When the investigator arrived at the scene some five or ten minutes later, the decision was made to call for a canine unit. After approximately an additional twenty minutes, a trained drug-sniffing dog arrived on the scene and alerted on the driver's side door of the defendant's truck. A search revealed drugs in a pouch on the driver's side floorboard.

T7 At the suppression hearing, the investigator testified that bis suspicions concerning the defendant were based on two things. He testified that he was aware that a resident of the Hudson Bay home had been involved in methamphetamine distribution, although she had not been arrested until sometime after the incident in question. In addition he testified that he had obtained information about two weeks prior to the defendant's arrest from <a woman who was in possession of methamphetamine while in custody for shoplifting, to the effect that the defendant and another man were involved in the distribution of methamphetamine. '

18 The district court upheld the initial traffic stop but found that the purpose for that investigatory stop had been accomplished before the dog arrived. It further found that the police lacked reasonable artie-ulable suspicion to detain the defendant until the dog arrived. With regard to the Hudson Bay residence, the court found that the prosecution produced no evidence to indicate the basis for the investigator's assertion that the resident was known to be connected with illegal drug distribution or to indicate what the defendant was doing there. With regard to the woman who identified the defendant as a drug dealer, it found that the prosecution produced no evidence to substantiate her credibility or the reliability of her information, and further, that her information, even if it were reliable, was two weeks old. The court concluded that the detention of the defendant and his truck were not supported by reasonable articulable suspicion and that the subsequent search was the product of an illegal detention. It therefore granted the defendant's motion and suppressed the contraband seized from his truck.

T9 The People filed an interlocutory appeal pursuant to section 16-12-102(2) and C.A.R. 4.1.

II.

110 It is now settled that walking a trained narcotics detection dog around a car that has not been unlawfully stopped or detained does not implicate the protections of either the Fourth Amendment or Article II, section 7 of the state constitution. See Illinois v. Caballes, 543 U.S. 405, 409, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005); People v. Esparza, 2012 CO 22, ¶ 2, 272 P.3d 367, 368. However, a stop that is justified solely by an 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. Caballes, 542 U.S. at 407, 124 S.Ct. 2504. We have long recognized that when the purpose for which an investigatory stop was instituted has been accomplished and no other reasonable suspicion exists to support further investigation, there is no justification for continued detention of citizens. People v. Redinger, 906 P.2d 81, 85-86 (Colo.1995); see also Esparza, 272 P.3d at 369-70; People v. Cervantes-Arredondo, 17 P.3d 141, 147 (Colo.2001).

¶ 11 "Reasonable articulable suspi-clon" refers to that "minimal level of objective justification" required to support an investigatory stop and detention-a form of personal seizure that is less intrusive than an arrest and can be conducted on lesser justification than probable cause. Alabama v. White, 496 U.S. 325, 330, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990); People v. Polander, 41 P.3d 698, 703 (Colo. 2001). Although this level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence and is less demanding even than the "fair probability" standard for probable cause, United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989); Polander, 41 P.3d at 703, it nevertheless demands the articulation of reasons to believe the person to be stopped is committing, has committed, or is about to commit a crime, beyond an inchoate and unparticularized hunch. Sokolow, 490 U.S. at 8, 109 S.Ct. [1006]*10061581; Polander, 41 P.3d at 703.

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2013 CO 32, 310 P.3d 1003, 2013 WL 2407166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mason-colo-2013.