State v. Hardin

304 P.3d 354, 49 Kan. App. 2d 81
CourtCourt of Appeals of Kansas
DecidedJune 21, 2013
DocketNo. 107,558
StatusPublished
Cited by1 cases

This text of 304 P.3d 354 (State v. Hardin) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hardin, 304 P.3d 354, 49 Kan. App. 2d 81 (kanctapp 2013).

Opinion

Hebert, J.:

Paul Hardin appeals his conviction of driving under [82]*82the influence, second offense. Specifically, Hardin appeals the district court’s denial of his motion to suppress evidence obtained as a result of an allegedly illegal stop of his vehicle, which ultimately led to his arrest and conviction.

Hardin argues that the law enforcement officer did not have a reasonable suspicion to justify stopping him because, even though the license plate displayed on his car was registered to another car, he had lawfully transferred the license plate from a previously owned vehicle.

For the reasons set forth herein, we affirm the judgments of the district court.

Facts

On December 8, 2009, Hardin purchased a Volkswagen from a car dealership, trading in his previous vehicle, a Pontiac, as part of the transaction. He then affixed the license plate from the Pontiac to the Volkswagen.

Eleven days later, Sedgwick County Sheriff s Deputy Jared Bliss observed Hardin’s Volkswagen and ran a computer check on the car’s license plate. Although the computer program did not report that the car had been stolen, the program reported that the license plate was registered to a Pontiac. Bliss could not determine the reason for the registration discrepancy, and he stopped Hardin’s car.

During the stop, Hardin exhibited several signs of intoxication, including an odor of alcohol, slurred speech, and bloodshot eyes. Hardin indicated that he had had “a few beers,” and he performed poorly on field sobriety tests. Bliss arrested Hardin and transported him to the county jail, where he refused to take the evidentiary breath test. The State filed two charges against Hardin: DUI, second offense, in violation of K.S.A. 2009 Supp. 8-1567(a)(3), (e), and driving a vehicle with a nonregistered license plate, in violation of K.S.A: 2009 Supp. 8-142 First. The State subsequently dropped the license plate charge after determining that Hardin had complied with the transfer provisions set forth in K.S.A. 8-127(c).

After die State filed the charges, Hardin filed his motion to suppress arguing that Bliss did not have a reasonable suspicion to stop [83]*83his car. At the conclusion of the suppression hearing, the district court denied tire motion ruling from the bench:

“It’s the opinion of the Court, based upon the circumstances that I have heard today, that the officer acted properly. The statute does not require that an officer cannot stop an individual who has a tag not assigned to the vehicle. This is part and parcel of the investigation.
“This is an investigatory stop that occurred based upon reasonable suspicion that this tag was not assigned to the vehicle. That reasonable suspicion arose because of motor vehicle records which the officer accessed by way of the computer in his car.
“Once he was able to ascertain that this vehicle was a result of a trade or sale, then no violation occurred, and the driver of the vehicle would be free to go. But this does not preclude the officer from stopping the vehicle, and yes, people who purchase vehicles and place their tag from their prior vehicle on to that new vehicle are subject to being stopped. I will therefore deny the defendant’s motion to suppress.”

Hardin’s case then proceeded to a bench trial on a stipulation of facts in which Hardin renewed his objection to the admission of evidence resulting from the stop of his vehicle, thus preserving his argument for appellate review. The district court then convicted Hardin on the DUI charge, resulting in this appeal.

Determination of Reasonable Suspicion

Hardin argues on appeal that the district court erred in denying his motion to suppress the evidence obtained as a result of Bliss’ stop of his Volkswagen. The district court ruled that Bliss had a reasonable suspicion upon which to base his stop, even though it was ultimately determined that the suspicious license plate was displayed in conformity with Kansas law.

Standard of Review

An appellate court reviews the district court’s decision on a motion to suppress using a bifurcated standard. Without reweighing the evidence, the district court’s findings are reviewed to determine whether they are supported by substantial competent evidence. Then the ultimate legal conclusion regarding the suppression of evidence is reviewed using a de novo standard. State v. Woolverton, 284 Kan. 59, 70, 159 P.3d 985 (2007).

[84]*84The State bears the burden of proof for a suppression motion, and it must prove to the trial court the lawfulness of the search and seizure. State v. Morlock, 289 Kan. 980, 985, 218 P.3d 801 (2009).

Analysis

Hardin’s principal argument on appeal is that Bliss did not have a reasonable suspicion to stop him and therefore the evidence obtained should be suppressed, resulting in a reversal of his DUI conviction.

The stop of a vehicle on a public roadway constitutes a seizure. Consequently, in order to make a lawful investigatory stop of a vehicle, an officer must have a reasonable suspicion that criminal activity has occurred, is occurring, or is about to occur. K.S.A. 22-2402(1); State v. Marx, 289 Kan. 657, 661, 251 P.3d 601 (2009) (citing Terry v. Ohio, 392 U.S. 1, 20, 88 S. Ct. 1868, 20 L. Ed. 2d 889 [1968]). Our appellate courts have adopted a working definition of reasonable suspicion:

“ ‘Reasonable suspicion means a particularized and objective basis for suspecting the person stopped is involved in criminal activity. Something more than an unparticularized suspicion or hunch must be articulated. Reasonable suspicion can arise from information that is less reliable than that required to show probable cause. Both reasonable suspicion and probable cause are dependent upon the content of information possessed by tire detaining authority and tire information’s degree of reliability. Quantity and quality are considered in the totality of the circumstances—the whole picture that must be taken into account when evaluating whether there is reasonable suspicion.’ ” State v. Glass, 40 Kan. App. 2d 379, 382, 192 P.3d 651 (2008) (quoting State v. Toothman, 267 Kan. 412, Syl. ¶ 5, 985 P.2d 701 [1999]).

In the instant case, Bliss stopped Hardin because a computer check indicated that the license plate was registered to a Pontiac rather than to a Volkswagen. Under K.S.A. 2009 Supp. 8-142, which pertains to the registration of vehicles, prohibited acts include:

“First:

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Related

State v. Hardin
298 Kan. 1205 (Supreme Court of Kansas, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
304 P.3d 354, 49 Kan. App. 2d 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hardin-kanctapp-2013.