State v. Franzen

2010 ND 244, 792 N.W.2d 533, 2010 N.D. LEXIS 243, 2010 WL 5158202
North Dakota Supreme Court·Decided December 21, 2010·No. No. 20100105·Published·Cited by 19 cases

Opinion

CROTHERS, Justice.

[¶ 1] Cullan Franzen appeals from an order deferring imposition of sentence entered after he conditionally pled guilty, reserving the right to appeal the district court’s decision to deny his motion to suppress. We affirm, concluding the evidence supports the district court’s denial of Franzen’s motion to suppress.

I

[¶ 2] At approximately 9:52 a.m. on November 15, 2008, North Dakota Highway Patrol Officer Steven Mayer stopped Franzen for driving 82 mph in a 60 mph zone. As Mayer stopped the vehicle, he observed a passenger in the front seat of the vehicle “making furtive movements as if he was trying to conceal something underneath the front seat.” When Mayer approached the vehicle, he noted Franzen was smoking a freshly lit cigarette, several air fresheners were in the vehicle, a can of air freshener was on the center console, a knitted mushroom was hanging from the vehicle’s rearview mirror and a strong odor of air freshener was coming from the vehicle. Mayer also noticed Franzen and the passenger, Anthony Zimmerman, appeared to be very nervous and Franzen’s hands were visibly shaking.

[¶ 3] Mayer removed Franzen from the vehicle, placing him in the front passenger seat of Mayer’s patrol vehicle. Zimmerman remained seated in Franzen’s vehicle. Mayer interviewed Franzen while checking whether Franzen had any outstanding warrants, ran the vehicle’s license plates and issued a speeding citation. Franzen had a Minnesota driver’s license, and the vehicle had Minnesota license plates. While Mayer was issuing the citation, he questioned Franzen about his travels. Franzen said they were returning to Minnesota after visiting Zimmerman’s family in Oregon for four days. Franzen told Mayer they decided not to visit Zimmerman’s father because his father might get upset, and Franzen said Zimmerman’s mother was deceased. Mayer issued Franzen a citation for speeding and left Franzen in the patrol vehicle so he could talk to Zimmerman separately. Mayer also questioned Zimmerman about the purpose of the trip. Zimmerman told Mayer that they had been in Oregon for two days to visit his family but that his parents are deceased.

[¶ 4] Mayer returned to the patrol vehicle and asked Franzen whether there was any reason a canine would “indicate” on Franzen’s vehicle. Franzen said no, and Mayer asked if he could search the vehicle. Franzen admitted he had a bag of marijuana and a pipe used to smoke marijuana in his pocket. Franzen was arrested approximately thirteen minutes after Mayer stopped the vehicle. Mayer searched the vehicle and found drug paraphernalia, additional air fresheners and a significant amount of marijuana.

[¶ 5] Franzen was charged with possession of marijuana with intent to deliver, a class B felony, and with possession of drug paraphernalia, a class A misdemean- or. Franzen moved to suppress the evidence seized during the traffic stop, arguing the traffic stop was complete when the speeding citation was issued and any fur[536] ther seizure violated his Fourth Amendment rights. The district court denied Franzen’s motion, ruling the brief detention while Mayer talked to Zimmerman was reasonable and Mayer had reasonable grounds to further detain and question Franzen. Franzen conditionally pled guilty, reserving the right to appeal the denial of his motion to suppress.

II

[¶ 6] When this Court reviews a district court’s decision on a motion to suppress evidence, “we defer to the [district] court’s findings of fact and resolve conflicts in the evidence in favor of affir-mance.” State v. Guscette, 2004 ND 71, ¶ 5, 678 N.W.2d 126. We will affirm the court’s decision unless “there is insufficient competent evidence ^fairly capable of supporting the [district] court’s findings, or the decision is contrary to the manifest weight of the evidence.” Id. We recognize the importance of the district court’s opportunity to assess the witnesses’ credibility. Id.

[¶ 7] Franzen argues the district court erred in denying his motion to suppress because his Fourth Amendment rights were violated when he was detained after Mayer issued the citation for speeding and the initial purpose of the traffic stop was completed. Franzen concedes the initial stop of his vehicle was proper, but claims Mayer did not have reasonable suspicion Franzen was engaged in criminal activity to support his continued detention after the citation was issued.

[¶ 8] The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. “ ‘[T]raffie violations, even if considered common or minor, constitute prohibited conduct and, therefore, provide officers with requisite suspicion for conducting investigatory stops.’ ” State v. Fields, 2003 ND 81, ¶ 7, 662 N.W.2d 242 (quoting State v. Storbakken, 552 N.W.2d 78, 80-81 (N.D.1996)); Whren v. United States, 517 U.S. 806, 809-10, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). An officer may detain an individual at the scene of a traffic stop for a reasonable period of time necessary for the officer to complete his duties resulting from the traffic stop, including:

“requesting] the driver’s license and registration, requesting] that the driver step out of the vehicle, requesting] that the driver wait in the patrol car, conducting] computer inquiries to determine the validity of the license and registration, conducting] computer searches to investigate the driver’s criminal history and to determine if the driver has outstanding warrants, and making] inquiries as to the motorist’s destination and purpose.”

Fields, at ¶ 8 (quoting United States v. Jones, 269 F.3d 919, 924 (8th Cir.2001)). “The investigative detention may continue ‘as long as reasonably necessary to conduct these activities and to issue a warning or citation.’ ” Fields, at ¶ 8 (quoting Jones, at 925).

[¶ 9] The continued seizure of a traffic violator after the purposes of the initial traffic stop are completed violates the Fourth Amendment unless the officer has a reasonable suspicion that criminal activity is afoot. Guscette, 2004 ND 71, ¶ 7, 678 N.W.2d 126. See Fields, 2003 ND 81, ¶ 10, 662 N.W.2d 242. The court must consider whether the traffic violator was “seized” within the meaning of the Fourth Amendment after the purposes of the initial traffic stop are complete and, if so, whether there was reasonable suspicion to support the seizure. Guscette, at ¶ 7.

[¶ 10] Franzen argues the purpose of the initial traffic stop was completed when Mayer issued the citation for speeding. [537] Franzen was stopped for speeding, and any further seizure after Mayer issued the traffic citation was not related to the initial purpose of the stop and must be supported by reasonable suspicion.

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

State v. Franzen, 2010 ND 244, 792 N.W.2d 533, 2010 N.D. LEXIS 243, 2010 WL 5158202 (N.D. 2010).

2010 ND 244 (State v. Franzen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Cooper
2026 ND 68 (North Dakota Supreme Court, 2026)
State v. Marsolek
2021 ND 175 (North Dakota Supreme Court, 2021)
State v. Powley
2020 ND 124 (North Dakota Supreme Court, 2020)
State v. Cook
2020 ND 69 (North Dakota Supreme Court, 2020)
Rakim Moberly v. Commonwealth of Kentucky
Kentucky Supreme Court, 2018
Moberly v. Commonwealth
551 S.W.3d 26 (Missouri Court of Appeals, 2018)
State v. Hall
2017 ND 124 (North Dakota Supreme Court, 2017)
State v. White
2017 ND 51 (North Dakota Supreme Court, 2017)
State v. Adan
2016 ND 215 (North Dakota Supreme Court, 2016)
Ell v. Director, Department of Transportation
2016 ND 164 (North Dakota Supreme Court, 2016)
State v. Walker
2015 ND 281 (North Dakota Supreme Court, 2015)
State v. Asbach
2015 ND 280 (North Dakota Supreme Court, 2015)
State v. Tosseth
2014 ND 190 (North Dakota Supreme Court, 2014)
State v. Deviley
2011 ND 182 (North Dakota Supreme Court, 2011)
Moore v. State
2011 ND 179 (North Dakota Supreme Court, 2011)