Peterson v. State

133 P.3d 730, 2006 Alas. App. LEXIS 67, 2006 WL 1045486
CourtCourt of Appeals of Alaska
DecidedApril 21, 2006
DocketNo. A-8818
StatusPublished

This text of 133 P.3d 730 (Peterson 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
Peterson v. State, 133 P.3d 730, 2006 Alas. App. LEXIS 67, 2006 WL 1045486 (Ala. Ct. App. 2006).

Opinion

OPINION

MANNHEIMER, Judge.

Darrell Lee Peterson appeals his convictions for two counts of fourth-degree controlled substance misconduct (possession of cocaine and methamphetamine) and one count of evidence tampering. He contends that the police obtained the evidence against him during an illegal investigative stop.

For the reasons explained here, we conclude that the challenged investigative stop was lawful, and we therefore affirm Peterson’s convictions.

Underlying facts

In the early morning of February 2, 2002, Kenai Police Officer Aaron Turnage was parked in his patrol car, completing some paperwork. There was another car parked in the same parking lot, about 100-150 feet away. Turnage noticed some unusual movement in the front seat of this car: according to Turnage’s later testimony, “there was somebody hunched over the passenger’s seat”, and “there was some flailing ... going on in the car”. Turnage also observed someone “moving back and forth from the driver’s seat to the passenger’s seat in a very rapid manner.”

Because this “just ... didn’t look like normal activity”, Turnage drove his patrol car closer to this other vehicle. Hoping to approach unnoticed, Turnage did not turn on his headlights or activate his overhead lights. He parked about 20 to 40 feet behind the other vehicle and called in its license plate to his dispatcher, but this computer check revealed no problems with the vehicle or the vehicle’s owner'.

At this point, Turnage got out of his patrol ear and walked up to the other car, approaching on the passenger’s side. When he looked through the window, he saw a man and a woman. According to Turnage, the man was “hunched over the passenger’s seat”, and he “appeared [to be] pressing th[e] female [passenger] into the seat. He was on top of her.... He was forcefully kissing her on the head, neck, [and] face area.”

Turnage could not discern how the female passenger was reacting to this sexual activity, and he was concerned that the man was committing a sexual assault. Turnage walked around to the driver’s side “to get the [manj’s attention [and get] him off of [the woman]”, so that Turnage could “figure out what was happening”.

Standing by the driver’s window, Turnage turned on his flashlight, knocked on the window, and identified himself as a police officer. Speaking through the window, Turnage told the man that he needed to speak with him. At first, the driver — later identified as Darrell Peterson- — refused to roll down the window or open the car door. Instead, Peterson responded by asking, “What the fuck do you want?” and then declaring, “I’m not doing anything wrong.”

Turnage explained to Peterson that it appeared that he was forcing himself on the woman. Peterson responded that the woman was his girlfriend, and that their activity was consensual. However, Turnage testified that, during his conversation with Peterson, the woman “just ... sat there”, giving no indication as to whether she agreed or disagreed with Peterson’s characterization of the [732]*732situation. The woman neither confirmed nor denied that she was being assaulted; she simply sat in the vehicle. When Turnage asked the woman for identification, she did not furnish it to the officer.

At some point during this interaction, Tur-nage noticed that Peterson was holding a folded dollar bill in his hand. The bill was folded into a “bindle” — that is, a small envelope commonly used to carry drugs. Turnage saw that Peterson was “passing [this bindle] back and forth from hand to hand, very quickly”, in a nervous manner.

Still speaking to Peterson through the car window, Turnage asked Peterson for identification. When Peterson replied that he did not have any identification, Turnage asked him for his name and birth date. Peterson identified himself as “Mike Vinzant”, and he said that his date of birth was July 17, 1984 — a birth date that would have made Peterson seventeen years old. Because Peterson appeared to be considerably older than that (his real age was thirty-four), Tur-nage concluded that Peterson was giving him false information.

At about the same time that Peterson gave the false name and false date of birth, he opened the car door. At that time, Turnage asked Peterson about the folded-up dollar bill in his hand — whereupon Peterson “opened the bindle and shook it”. A large quantity of white crystalline powder cascaded from the bindle and settled over the driver’s seat and floorboard of Peterson’s car. Peterson also let go of the dollar bill itself; it blew away in the wind (although it was eventually recovered).

Peterson got out of the vehicle and began walking away. Turnage laid hands on him, attempting to arrest him. Peterson slipped from Turnage’s grasp and then punched Tur-nage in the face. Peterson also punched a newly arrived backup officer before he was finally restrained and placed in custody.

Procedural history

After the white crystalline powder was tested and found to consist of cocaine and methamphetamine, Peterson was charged with three felonies: two counts of fourth-degree controlled substance misconduct, and one count of tampering with evidence. In addition,' Peterson was charged with four misdemeanors: two counts of fourth-degree assault, one count of resisting arrest, and one count of providing false identifying information to a police officer.

Peterson asked the superior court to suppress the evidence of the drug offenses and the evidence tampering. In his suppression motion, Peterson contended that Turnage had lacked justification for approaching his car, questioning him, and asking him to open the car door or window. The superior court denied this motion.

After the superior court denied his suppression motion, Peterson pleaded no contest to all of the charges against him. With respect to the three felony charges, Peterson entered Cooksey pleas — that is, he pleaded no contest but reserved his right to litigate the suppression issue on appeal.1 With respect to the four misdemeanor charges, Peterson entered normal pleas of no contest. (Peterson accordingly does not appeal his convictions for these misdemeanors.)

The validity of Peterson’s Cooksey pleas

This Court has repeatedly emphasized that a Cooksey plea of no contest is not valid unless the issue preserved for appeal is dis-positive of the case.2 The State contends that Peterson’s Cooksey pleas are invalid because the issue that Peterson preserved for appeal — the legality of the investigative stop — is not dispositive of all of the charges against Peterson. The State argues that even if all evidence of the controlled substances was suppressed, only the two fourth-degree controlled substance misconduct convictions would be dismissed. Peterson could still lawfully be prosecuted for evidence tampering and the misdemeanor charges of as[733]*733sault and resisting arrest, and providing false identifying information.

(See Napageak v. State, 729 P.2d 893, 894-95 (Alaska App.1986), where this Court upheld a conviction for assaulting a police officer, even though the assault was committed in response to the officer’s unlawful entry into the defendant’s house.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cooksey v. State
524 P.2d 1251 (Alaska Supreme Court, 1974)
Schaffer v. State
988 P.2d 610 (Court of Appeals of Alaska, 1999)
Wells v. State
945 P.2d 1248 (Court of Appeals of Alaska, 1997)
Spinka v. State
863 P.2d 251 (Court of Appeals of Alaska, 1993)
Napageak v. State
729 P.2d 893 (Court of Appeals of Alaska, 1986)
Barrows v. State
814 P.2d 1376 (Court of Appeals of Alaska, 1991)
Tyler v. State
24 P.3d 1260 (Court of Appeals of Alaska, 2001)
Miles v. State
825 P.2d 904 (Court of Appeals of Alaska, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
133 P.3d 730, 2006 Alas. App. LEXIS 67, 2006 WL 1045486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-state-alaskactapp-2006.