State v. Arreola

290 P.3d 983, 176 Wash. 2d 284
Washington Supreme Court·Decided December 20, 2012·No. No. 86610-4·Published·Cited by 95 cases

Opinions

González, J.

¶1 The issue in this case is whether a traffic stop motivated primarily by an uncorroborated tip, but also independently motivated by a reasonable articulable suspicion of a traffic infraction, is unconstitutionally pretextual under article I, section 7 of the Washington State Constitution and State v. Ladson, 138 Wn.2d 343, 979 P.2d 833 (1999).

¶2 We hold that a mixed-motive traffic stop is not pretextual so long as the desire to address a suspected traffic infraction (or criminal activity) for which the officer has a reasonable articulable suspicion is an actual, conscious, and independent cause of the traffic stop. So long as a police officer actually, consciously, and independently determines that a traffic stop is reasonably necessary in order to address a suspected traffic infraction, the stop is not pretextual in violation of article I, section 7, despite other motivations for the stop.

I. FACTS AND PROCEDURAL HISTORY

¶3 The relevant facts, which were found by the trial court following a suppression hearing and affirmed by the Court of Appeals, see State v. Chacon Arreola, 163 Wn. App. 787, 795-96, 260 P.3d 985 (2011), are unchallenged before this court and thus are verities on appeal, State v. Gaines, 154 Wn.2d 711, 716, 116 P.3d 993 (2005).

¶4 On October 10, 2009, Officer Tony Valdivia of the Mattawa Police Department responded to a report of a possible DUI (driving under the influence) in progress. See RCW 46.61.502. Upon arrival, Officer Valdivia located a vehicle matching the description from the report. Officer Valdivia followed behind the vehicle for approximately half of a mile, which took approximately 30 to 45 seconds. [289] Officer Valdivia did not observe any signs of DUI but did observe that the vehicle had an altered exhaust in violation of RCW 46.37.390. Still without any signs of intoxicated driving, Officer Valdivia then activated his overhead lights and pulled over the car.

¶5 The trial court found that Officer Valdivia’s “primary motivation in pulling the car over was to investigate the reported DUI,” but this “was not the sole reason for the stop.” Clerk’s Papers (CP) at 47. The muffler violation was also “an actual reason for the stop,” and Officer Valdivia “would have stopped the vehicle, once following it, even if he wasn’t suspicious of a DUI, and even though his primary purpose for stopping the vehicle was to further investigate a possible DUI.” CP at 48. Officer Valdivia testified that he would sometimes commence a traffic stop for an altered muffler because as a member of the community, he appreciates concerns about the excessive noise that such mufflers emit. He explained that whether he commences a traffic stop for that particular infraction depends on what else he is doing at the time. Although Officer Valdivia would not go out of his way to chase down a car with an altered muffler, he often would commence a traffic stop if already on the road and behind such a vehicle, so long as conducting the stop would not hinder a more pressing investigation. Officer Valdivia testified about a recent example in which he was on the road and pulled over a car due to an altered muffler and also testified that he had pulled over vehicles for that reason on numerous occasions. Officer Valdivia testified that in this case he made a conscious decision to make the traffic stop because of the altered muffler.

¶6 The trial court found Officer Valdivia to be credible as a witness. The trial court thus found that Officer Valdivia “commonly stops vehicles for exhaust violations” and “would have stopped the vehicle anyway for the exhaust infraction even without the previous [DUI] report.” CP at 47. At the same time, Officer Valdivia was relatively more interested in the potential DUI in this particular case, and [290] he admitted that he was motivated to conduct the traffic stop primarily to detect further signs of DUI.

¶7 After pulling over and approaching the car, Officer Valdivia recognized Respondent Gilberto Chacon Arreola as the driver, detected an “odor of alcohol,” observed that Chacon’s “eyes were red and watery,” and saw “two passengers and several open containers of alcohol in plain view inside the vehicle.” CP at 47. Up to that point, Officer Valdivia had “treated the stop just like any other traffic stop.” CP at 48. Officer Valdivia eventually cited Chacon for the exhaust infraction and for failure to provide proof of insurance and arrested him based on outstanding warrants.

¶8 Chacon was charged with DUI and driving while license revoked in the first degree. Chacon argued that the traffic stop was pretextual and sought to suppress all evidence related to the stop, but the trial court concluded that the “stop was not unconstitutionally pretextual” because the muffler infraction “was an actual reason” for the stop. CP at 48. Chacon was convicted of DUI and driving while license revoked in the first degree.

¶9 On appeal, the Court of Appeals upheld the trial court’s findings of fact from the suppression hearing but disagreed with the trial court’s resulting conclusion that the traffic stop was constitutional. Chacon Arreola, 163 Wn. App. at 796-97. The Court of Appeals acknowledged that the muffler infraction was an actual reason for the stop but held that because “it was clearly subordinate to the officer’s desire to investigate the DUI report,” and “only a secondary reason,” the muffler infraction could not provide authority of law for the traffic stop. Id. at 797. The State petitioned this court for review of that purely legal issue, and we granted the petition for review. State v. Chacon Arreola, 173 Wn.2d 1013, 272 P.3d 246 (2012).

[291] II. STANDARD OF REVIEW

¶10 We review conclusions of law in an order pertaining to suppression of evidence de novo. Gaines, 154 Wn.2d at 716.

III. ANALYSIS

1. The Right to Privacy under Article I, Section 7

¶11 Article I, section 7 of the Washington State Constitution protects the “private affairs” of each person from disturbance imposed without “authority of law.” Const. art. I, § 7. This provision of our state constitution is explicitly broader than the Fourth Amendment to the United States Constitution, protecting private affairs broadly and also requiring actual legal authorization for any disturbance of those affairs. See, e.g., Ladson, 138 Wn.2d at 348-49; cf. U.S. Const, amend. IV (protecting “persons, houses, papers, and effects, against unreasonable searches and seizures”).

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State v. Arreola, 290 P.3d 983, 176 Wash. 2d 284 (Wash. 2012).

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