State v. Lafond

2003 UT App 101, 68 P.3d 1043, 2003 Utah App. LEXIS 35, 2003 WL 1739020
CourtCourt of Appeals of Utah
DecidedApril 3, 2003
Docket20010970-CA
StatusPublished
Cited by13 cases

This text of 2003 UT App 101 (State v. Lafond) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lafond, 2003 UT App 101, 68 P.3d 1043, 2003 Utah App. LEXIS 35, 2003 WL 1739020 (Utah Ct. App. 2003).

Opinion

AMENDED OPINION 1

ORME, Judge.

T1 Robin M. Lafond appeals her convietion of illegal possession of a controlled substance in violation of Utah Code Ann. § 58-3T-8@)(a)(i) (1998). Lafond contends that because the investigating officer had no reasonable suspicion to justify the frisk and resulting search of her person, the district court erroneously denied her motion to suppress. We agree and reverse.

BACKGROUND

T2 "Because a determination of the reasonableness of ... police conduct is highly factual in nature, we review the facts in detail." State v. Trujillo, 739 P.2d 85, 86 *1045 (Utah Ct.App.1987). On March 23, 2001, at approximately 9:45 pm., Utah Highway Patrolman Steve Salis observed a vehicle traveling east on Interstate 70. 2 Officer Salis determined by radar that the car was traveling at the rate of four miles per hour over the speed limit, 3 and as the car passed him he also noticed that the license plate light was not working. Officer Salis conducted a traffic stop, approached the vehicle on the driver's side, and asked the driver for his driver's license, vehicle registration, and proof of insurance. The driver told Officer Salis that he did not have a driver's license but that he did have an identification card. At this time, Lafond, the passenger in the vehicle, interjected that the vehicle was hers and that she was not driving because she was tired.

13 When Officer Salis asked the driver why he did not have a Utah driver's license, the driver explained that his license was previously suspended for a DUI, and that he was eligible to reapply for a license but had not yet done so. During his questioning of the driver, Officer Salis noticed that the driver was holding a large "refill" eup and that there was a Crown Royal bag on the front seat that appeared to have something in it. 4 Officer Salis then informed the two that he had stopped them for speeding and for a defective license plate light and asked La-fond to produce the vehicle registration.

T4 In response to this request, Lafond looked on the front seat and floorboard, retrieved a small leather coin purse and placed it between her legs, and then began searching through the glove compartment. Officer Salis, who was shining a flashlight in the direction of the glove box, noticed a cup holder on the console containing small green particles that he believed were marijuana. 5 Officer Salis did not detect any odor of alcohol or marijuana, and the driver did not seem impaired.

T5 In the meantime, Lafond had located the registration, which indicated the car was properly registered to her, and handed it to Officer Salis. Officer Salis then asked La-fond to produce proof of insurance, and La-fond resumed her search through the glove box. She was "moving very fast" and seemed nervous to Officer Salis. Officer Sal-is then asked the subjects if there was anything illegal in the vehicle. Lafond stated that there was not. Officer Salis asked if Lafond had any weapons or alcohol in the vehicle, and Lafond stated she did not. Officer Salis asked Lafond if she had any mariJuana in the vehicle, and she said she did not. Officer Salis then asked Lafond if anyone had smoked marijuana in the vehicle lately, and Lafond stated she did not think so, but was not sure, as she had just retrieved the car that morning after loaning it to a friend for about a week.

T6 Officer Salis then obtained permission from Lafond to search the vehicle and asked her to step outside. Before doing so, Lafond *1046 retrieved a pack of cigarettes and the coin purse that she had previously placed between her legs, as well as another small purse from the front seat. With these items, Lafond exited the vehicle. Onee outside, Officer Sal-is instructed Lafond to sit down near the front of the vehicle, and as she was walking to that location, he noticed Lafond put her hands in her front pockets. Lafond was wearing two layers of clothing, including large camouflage pants and a large sweater. He noticed her pockets were bulging and asked Lafond what she had put in her pockets. Lafond denied placing anything in them. Officer Salis then instructed Lafond to remove the bag she had placed in her pocket. Lafond retrieved the purse from her left front pants pocket and placed it on the hood of the car. Officer Salis, noticing the bulge in the right front pants pocket, instructed Lafond to remove the other bag from that pocket. Lafond denied having anything in that pocket and turned away from Officer Salis.

T7 As Officer Salis approached Lafond, reaching for her right pocket, Lafond pulled out the leather coin purse and dropped it on the ground. Officer Salis picked up the purse and asked Lafond what it was. La-fond replied that she "dofes] leather work." Officer Salis interpreted this response and Lafond's behavior as nervous and evasive, although he did not perceive Lafond's demeanor as hostile or threatening. Officer Salis then instructed Lafond to stand and face away from him. Lafond complied, and Officer Salis patted down the exterior of her right front pocket. While doing so, Officer Salis felt what he believed to be a pipe and asked Lafond to remove the object from her pocket. Lafond refused, and Officer Salis put his hand into her pocket and pulled out a small torch, a glass pipe, and a small glass jar containing what was later determined to be methamphetamine. Officer Salis then searched Lafond and made her empty her pockets. Officer Salis told the driver to get out of the car and searched him as well. Officer Salis then handcuffed the driver and Lafond and conducted a search of the vehicle, which revealed no additional contraband. 6

18 Lafond was subsequently arrested and charged with possession of methamphetamine. She pleaded not guilty and moved to suppress the evidence seized by Officer Salis. After the district court denied her motion to suppress, Lafond changed her plea to guilty, reserving the right to appeal from the denial of her motion to suppress. See generally State v. Sery, 758 P.2d 935, 939 (Utah Ct.App.1988) (authorizing conditional pleas).

ISSUES AND STANDARD OF REVIEW

T 9 On appeal, Lafond argues that (1) Officer Salis's questions regarding weapons and illegal drugs exceeded the seope of the original traffic stop; (2) Officer Salis searched her absent probable cause or exigent cireum-stances; and (8) even if Officer Salis's conduct amounted only to a Terry frisk for weapons, the frisk was not justified by reasonable suspicion. 7

10 "[Flactual findings underlying a trial court's decision to grant or deny a motion to suppress evidence are reviewed under the deferential clearly-erroncous standard[.]" State v. Moreno, 910 P.2d 1245, 1247 (Utah Ct.App.1996), cert denied, 916 P.2d 909 (Utah 1996). "[Wlhether a particular set of facts gives rise to reasonable suspicion is a question of law, which is reviewed for correctness." State v. Chapman, 921 P.2d 446

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Bluebook (online)
2003 UT App 101, 68 P.3d 1043, 2003 Utah App. LEXIS 35, 2003 WL 1739020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lafond-utahctapp-2003.