State v. Lloyd

312 P.3d 467, 129 Nev. 739, 129 Nev. Adv. Rep. 79, 2013 WL 5872441, 2013 Nev. LEXIS 91
CourtNevada Supreme Court
DecidedOctober 31, 2013
DocketNo. 56706
StatusPublished
Cited by66 cases

This text of 312 P.3d 467 (State v. Lloyd) is published on Counsel Stack Legal Research, covering Nevada 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. Lloyd, 312 P.3d 467, 129 Nev. 739, 129 Nev. Adv. Rep. 79, 2013 WL 5872441, 2013 Nev. LEXIS 91 (Neb. 2013).

Opinions

OPINION

By the Court,

Pickering, C.J.:

A highway patrol officer saw respondent Jethro Lloyd run a red light and followed him into a shopping center parking lot to issue him a ticket. While the ticket was being processed, a drug detection dog was summoned. The dog alerted for the presence of drugs in Lloyd’s car. This led to a warrantless search that uncovered illegal drugs. Lloyd was arrested and charged with trafficking, possession for sale, and possession of schedule I and II controlled substances.

Lloyd moved to suppress, arguing that the Fourth Amendment to the United States Constitution and Article 1, Section 18 of the Nevada Constitution prohibited the warrantless search. The district court granted Lloyd’s motion. It determined that the drug dog’s alert provided probable cause to search Lloyd’s car for contraband. But it concluded that, for a warrantless automobile search to pass [742]*742muster under Nevada law, both probable cause and exigency, beyond that inherent in a car’s ready mobility, must be shown. Since the State showed nothing in the way of exigent circumstances beyond the car’s mobility, the district court invalidated the search and suppressed the drug evidence.

Consistent with federal constitutional law, we hold that exigency is not a separate requirement of the automobile exception to the constitutional warrant requirement. Thus, because the drug detection dog’s alert gave the officers probable cause to search Lloyd’s car, which was parked in a public place and readily mobile, we reverse.

I.

The essential facts were established through officer testimony and videotape from the patrol car’s camera. Trooper Richard T. Pickers of the Nevada Highway Patrol stopped respondent Jethro Lloyd in a shopping center parking lot in Elko, Nevada. It was a Sunday morning, and the courts were closed. The trooper saw Lloyd make a right turn at a red light without coming to a complete stop. By the time Trooper Pickers activated his lights and caught up to him, Lloyd had parked and gotten out of his car to go into Starbucks.

Lloyd denied running a red light. Still, he cooperated with the trooper’s request that he produce his driver’s license, insurance, and registration. When Trooper Pickers called dispatch to report the traffic stop and confirm Lloyd’s paperwork, he asked dispatch to send a drug detection dog and handler team. The K9 unit arrived a few minutes later, before Trooper Pickers finished processing the traffic violation. Nothing suggests that the dog sniff prolonged the traffic stop.2

The dog alerted to the presence of drugs in Lloyd’s car. Based on the dog’s alert and without getting a warrant, Trooper Pickers proceeded to search the vehicle. On opening Lloyd’s car door, Trooper Pickers remarked that he smelled an illegal substance. He [743]*743arrested Lloyd, handcuffed him, and secured him in the back of the patrol vehicle.

The vehicle search yielded psilocybin mushrooms and seven pounds of marijuana. Trooper Pickers transported Lloyd to the police station, and the State charged him with several drug-related offenses. It is unclear what became of Lloyd’s vehicle after the search.

n.

A motion to suppress presents mixed questions of law and fact. State v. Beckman, 129 Nev. at 485, 305 P.3d at 916. On appeal from an order granting a motion to suppress, “[t]his court reviews findings of fact for clear error, but the legal consequences of those facts involve questions of law that we review de novo.” Id. at 486, 305 P.3d at 916. A district court’s legal conclusion regarding the constitutionality of a challenged search receives de novo review. See United States v. Navas, 597 F.3d 492, 496 (2d Cir. 2010).

A.

The Fourth Amendment to the United States Constitution provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,” and that “no Warrants shall issue, but upon probable cause.” Article I, Section 18 of the Nevada Constitution similarly provides, “[t]he right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause . . . .” Under these cognate provisions of our federal and state constitutions, warrantless searches “are per se unreasonable . . . subject only to a few specifically established and well-delineated exceptions.” Katz v. United States, 389 U.S. 347, 357 (1967); Hughes v. State, 116 Nev. 975, 979, 12 P.3d 948, 951 (2000). One such exception is the “automobile exception.” Id.

The automobile exception was first recognized in Carroll v. United States, 267 U.S. 132 (1925). A Prohibition-era case, Carroll approved a warrantless automobile search where the police had probable cause to believe the vehicle contained alcohol being transported in violation of the National Prohibition Act. In an extensive opinion, the Supreme Court ruled:

On reason and authority the true rule is that if the search and seizure without a warrant are made upon probable cause, that is, upon a belief, reasonably arising out of circumstances [744]*744known to the seizing officer, that an automobile or other vehicle contains that which by law is subject to seizure and destruction, the search and seizure are valid.

Id. at 149 (emphasis added). The Supreme Court justified this rule by the inherent mobility of automobiles, which often makes it impractical to obtain a search warrant before the contraband is put out of reach:

... the guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment has been construed, practically since the beginning of the Government, as recognizing a necessary difference between a search of a store, dwelling house or other structure in respect of which a proper official warrant readily may be obtained, and a search of a ship, motor boat, wagon or automobile, for contraband goods, where it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.

Id. at 153. Later cases added a second justification for the automobile exception: A person has a lower expectation of privacy in a vehicle than in a home or office. See California v. Carney, 471 U.S. 386, 391 (1985).

Chambers v. Maroney, 399 U.S. 42 (1970), upheld a warrant-less automobile search that occurred after the accused had been taken into custody and his car driven to the police station. Id. at 47. Differentiating vehicles from houses because of their mobility, the Supreme Court explained that the circumstances that furnish probable cause to search a vehicle are often unforeseeable and the opportunity to conduct a search fleeting. Id. at 48, 50-51.

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Cite This Page — Counsel Stack

Bluebook (online)
312 P.3d 467, 129 Nev. 739, 129 Nev. Adv. Rep. 79, 2013 WL 5872441, 2013 Nev. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lloyd-nev-2013.