State v. Durke

1999 SD 39, 593 N.W.2d 407, 1999 S.D. LEXIS 45
CourtSouth Dakota Supreme Court
DecidedMarch 31, 1999
DocketNone
StatusPublished
Cited by12 cases

This text of 1999 SD 39 (State v. Durke) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Durke, 1999 SD 39, 593 N.W.2d 407, 1999 S.D. LEXIS 45 (S.D. 1999).

Opinion

SABERS, J.

[¶ 1.] The State appeals an intermediate order by the trial court suppressing evidence seized in searches of Ralph Durke, Heather Cook, and Steven Taylor. We affirm.

FACTS

[¶ 2.] On August 5, 1997, Trooper Vlasman received a radio call regarding a group of motorcyclists running a car off the road. He later observed a group of seven motorcyclists traveling north on Interstate 29. He noticed that four of the motorcycles had handlebars which were too high under South Dakota law. He also noticed that the motorcyclists were wearing “colors” identifying them as members of two motorcycle groups, Sons of Silence and Iron Horsemen.

[¶ 3.] He initiated a stop of the group. Within a minute, Trooper Vlasman was joined by Trooper Nelson, Deputy Skogland, and a female deputy. The motorcyclists denied running anyone off the road. They were traveling to Sturgis, South Dakota for the annual motorcycle rally. Them driver’s licenses and registrations were cheeked and no problems were found. The motorcycles which Durke, Cook, and Taylor rode were in compliance with South Dakota law. Vlasman told them they were free to go once the motoxxycles with too high handlebars were in compliance with South Dakota law. However, as indicated within, it was not made clear to the individuals with proper handlebars that they were free to go.

[¶4.] While walking past the motorcycle driven by Carl Perry, Trooper Nelson stepped on a brass pipe. The pipe was identified as a marijuana pipe with residue of marijuana inside and the initials C.P. engraved on it. Perry was placed under arrest and searched. A search of his motorcycle revealed a loaded pistol.

*409 [¶ 5.] After the pistol was found, the officers put the other motorcyclists in handcuffs or flexcuffs. The officers searched the individuals and their motorcycles, including the saddlebags. Some of the individuals were placed in the ditch while the searches were conducted.

[¶ 6.] Heather Cook was a passenger on Ralph Durke’s motorcycle. Trooper Vlasman seized a waist bag from Cook and opened it. He found a loaded pistol with two bags of methamphetamine and cocaine attached to it by a rubber band. A small bag of marijuana was also found in the waist bag. A search of the saddlebags on Durke’s motorcycle revealed marijuana in a cosmetic bag. A vial containing methamphetamine fell out of Taylor’s pant leg while he was being searched.

[¶ 7.] Durke was charged with possession of a controlled substance-(methamphetamine) with intent to distribute (SDCL 22-42-2), possession of a controlled substance (methamphetamine) (SDCL 22-42-5), possession of a controlled substance (cocaine) (SDCL 22-42-5), concealment of a weapon with intent to commit a felony (SDCL 22-14-8), and ingestion of an intoxicating substance (SDCL 22-42-15).

[¶ 8.] Cook was charged with possession of a controlled substance (methamphetamine) with intent to distribute (SDCL 22-42-2), possession of a controlled substance (methamphetamine) (SDCL 22-42-5), possession of a controlled substance (cocaine) (SDCL 22-42-5), and concealment of a weapon with intent to commit a felony (SDCL 22-14-8).

[¶ 9.] Taylor was charged with possession of a controlled substance (methamphetamine) (SDCL 22-42-5).

[¶ 10.] Durke, Cook, and Taylor filed a motion to suppress the evidence seized. Following a hearing, the trial court granted their motion and suppressed the evidence on the basis that there was no proper showing to search these three individuals. The State appeals. We affirm.

STANDARD OF REVIEW

[¶ 11.] Our standard of review is well-established:

A trial court’s findings of fact from a suppression hearing must be upheld unless they are clearly erroneous. State v. Pfaff, 456 N.W.2d 558 (S.D.1990).... This court’s function under the clearly erroneous standard is to determine whether the decision of the lower court lacks the support of substantial evidence, evolves from an erroneous view of the applicable law or whether, considering the entire record, we are left with a definite and firm conviction that a mistake has been made. State v. Corder, 460 N.W.2d 733 (S.D.1990). In making this determination, we review the evidence in a light most favorable to the trial court’s decision. Id.

State v. Baysinger, 470 N.W.2d 840, 843 (S.D.1991). A trial court’s decision to suppress evidence is reviewed under an abuse of discretion standard. State v. Gesinger, 1997 SD 6, ¶ 8 559 N.W.2d 549, 550 (citations omitted). “ ‘Unless such discretion is exercised to an end or purpose not justified by, and clearly against reason and evidence, the trial court’s decision should stand.’ ” Id. (citations omitted).

[¶ 12.] WHETHER THE TRIAL COURT ABUSED ITS DISCRETION BY SUPPRESSING THE EVIDENCE.

[¶ 13.] The trial court found that the searches of Durke, Cook, and Taylor exceeded the scope of a patdown search under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). It concluded that they were unlawfully arrested and subjected to full searches of their persons and belongings. Therefore, it suppressed the evidence because it was seized in violation of their constitutional rights. We agree that they were improperly detained and that they should have been told they were free to leave. Therefore, we affirm.

[¶ 14.] The initial stop was lawful based on the radio report received by Vlas-man and his observation of the motorcycles with high handlebars. State v. Claussen, 522 N.W.2d 196, 198 (S.D.1994). The discovery of the marijuana pipe provided probable cause for the arrest and subsequent search of Perry. However, Durke, Cook, and Taylor were detained after the purpose for the in *410 vestigatory stop had ended.

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Cite This Page — Counsel Stack

Bluebook (online)
1999 SD 39, 593 N.W.2d 407, 1999 S.D. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-durke-sd-1999.