State v. Gurule

2013 UT 58, 321 P.3d 1039, 744 Utah Adv. Rep. 4, 2013 WL 5458959, 2013 Utah LEXIS 153
Utah Supreme Court·Decided October 1, 2013·No. 20111053·Published·Cited by 14 cases

Opinion

Justice PARRISH,

opinion of the Court:

INTRODUCTION

1 1 After pleading guilty to possession of a controlled substance in a drug free zone, Craig Gurule was sentenced to a term of incarceration for five years to life. Gurule reserved his right to appeal the district court's ruling denying his motion to suppress evidence obtained through a search of his vehicle.

T2 On appeal, Gurule argues that the search was unlawful because the officers did not possess reasonable suspicion that there were drugs in his vehicle when they stopped him for a minor traffic infraction. He further argues that the officers manipulated his Adult Probation and Parole (AP&P) agent into requesting that they conduct a warrant-less parole search of Gurule's vehicle Gu-rule argues that this search violated both his parole agreement and his state and federal constitutional rights. The State responds that the officers had reasonable suspicion that Gurule possessed illegal drugs, justifying Gurule's detention. The State further responds that Gurule's AP&P agent possessed reasonable suspicion that Gurule had violated his parole and therefore reasonably requested that the officers search Gurule's truck on the agent's behalf.

13 We hold that the officers lacked reasonable suspicion that Gurule was engaged in or about to be engaged in criminal activity. They improperly extended the duration of Gurule's stop when they abandoned the original purpose of the stop-to investigate a minor traffic infraction-and instead undertook a prolonged investigation into Gurule's possible drug activity. The district court therefore erred when it denied Gurule's motion to suppress the evidence obtained through the officers' improper detention and search.

BACKGROUND

T4 On November 8, 2010, Officer Raymond Flores of the Springville Police Department received a call from dispatch indicating that an anonymous caller had reported seeing two Hispanic men exchange money and plastic baggies in the parking lot of an Allen's grocery store. The caller also reported that a gray Dodge truck was involved. The truck was registered to an individual with the last name of Luna.

15 Officer Flores and his partner, Detective Anderson, recognized the name Luna and the gray Dodge "as having past drug involvements." The officers therefore responded to the Allen's grocery store, but they did not see the gray Dodge truck. After waiting a few minutes, they observed a Hispanic male exit the Allen's store. Officer Flores recognized the man, but could not *1043 initially remember his name. The man got into a black Ford truck, and the officers ran the truck's license plate. The truck was registered to Andre Gurule, leading the officers to recognize the driver as Craig Gurule, Andre Gurule's son. Officer Flores knew of Gurule because citizen informants and other detectives had told him that Gurule was "possibly involved in drug activity."

T6 Gurule left the parking lot and the officers followed in an unmarked police car. Officer Flores observed that Gurule's turn signal remained activated for approximately three blocks and that the passenger tires of the truck were riding on the fog line. While following Gurule, both officers remembered that he was on parole. Shortly thereafter, Officer Flores activated his overhead lights to initiate a traffic stop based on Gurule's failure to remain in his lane.

T7 After Officer Flores turned on his lights, Gurule slowed down but did not immediately stop. Officer Flores testified that, during this time, Gurule "was not paying attention to the road," and that Gurule "would glance at [the officers] and ... was glancing down towards the left side of his body." Only after Officer Flores activated two audible sirens did Gurule pull over and stop.

T8 Officer Flores approached the driver's side of the truck and instructed Gurule to exit the vehicle. Officer Flores testified that he was concerned for his safety because Gu-rule did not immediately pull over, was watching the officers instead of the road, and had repeatedly looked down to his left. Officer Flores then asked Gurule why he had failed to pull over. Gurule responded that he had been using his cell phone, but Officer Flores testified that he had not seen Gurule doing so.

T9 At this point, Detective Anderson conducted a frisk of Gurule, and Officer Flores performed a plain-view search of "the immediate area of the driver's side of the vehicle for weapons or anything [Gurule] was trying to conceal." Neither Detective Anderson nor Officer Flores found any weapons or contraband during their respective searches.

{10 Despite the fact that these initial searches revealed nothing suspicious, the officers continued to detain Gurule and called for a canine unit. No canine units were available. Detective Anderson then called the on-call AP&P agent, Todd Dixon. Detective Anderson relayed the cireumstances of the officers' detention of Gurule. Agent Dixon then asked the officers "to preform [sic] a search on the vehicle ... for AP&P." Gu-rule's signed parole agreement stated that he would "permit officers of AP&P to search [his] person, residence, vehicle, or any other property under [his] control without a warrant ... on reasonable suspicion to ensure compliance with conditions of [his] parole." One of the conditions of Gurule's parole was that he would "obey all state ... laws."

{ 11 The officers performed a lengthy and extensive search of Gurule's vehicle. Inside the driver's side door, the officers found a canvas bag containing a used syringe, a cut drinking straw with residue on it, and a plastic baggie holding 2.9 grams of methamphetamine.

112 The officers arrested Gurule In a search incident to his arrest, they found $2,835 in cash on his person. The officers onee again contacted AP&P to "let them know of [their] findings" and were told that AP&P would now send an agent to the seene.

113 When the AP&P agent arrived, she requested that the officers assist her in an AP&P parole search of Gurule's home. During the search of Gurule's home, the officers found video surveillance equipment that was recording the front yard and street, a digital scale, and a small amount of marijuana.

{ 14 Gurule was charged with possession of a controlled substance with intent to distribute in a drug-free zone with a prior distribution conviction enhancement for possession of methamphetamine; possession or use of a controlled substance in a drug-free zone with a prior distribution conviction enhancement for possession of marijuana; possession of drug paraphernalia in a drug-free zone; possession, use, or control of a vehicle with a compartment for contraband; driving on a *1044 suspended driver's license; and failure to stay in one lane. The State later dismissed the marijuana and drug paraphernalia charges stemming from the search of Gu-rule's house because he entered a plea and was sentenced on those charges in Spanish Fork Justice Court.

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State v. Gurule, 2013 UT 58, 321 P.3d 1039, 744 Utah Adv. Rep. 4, 2013 WL 5458959, 2013 Utah LEXIS 153 (Utah 2013).

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