State v. Marx

215 P.3d 601, 289 Kan. 657, 2009 Kan. LEXIS 844
CourtSupreme Court of Kansas
DecidedSeptember 18, 2009
Docket98,059, 98,060
StatusPublished
Cited by50 cases

This text of 215 P.3d 601 (State v. Marx) is published on Counsel Stack Legal Research, covering Supreme Court 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. Marx, 215 P.3d 601, 289 Kan. 657, 2009 Kan. LEXIS 844 (kan 2009).

Opinions

The opinion of the court was delivered by

Johnson, J.:

Peter and Desiree Marx seek review of the Court of Appeals’ reversal of the district court’s suppression of evidence obtained during a traffic stop detention. The reversal was based on the Court of Appeals’ determination that the initial traffic stop was lawful because the detaining officer had a reasonable suspicion that the vehicle driver had violated K.S.A. 8-1522. The State cross-petitions for review of the Court of Appeals’ holding that the district court correctly determined that the initial detention was not justified as a public safely or community caretaking stop. We affirm the Court of Appeals on the State’s cross-petition, but reverse its holding on the officer’s reasonable suspicion of criminal activity.

FACTUAL OVERVIEW

The parties essentially agree with the factual recitation in the Court of Appeals opinion. See State v. Marx, 38 Kan. App. 2d 598, 600-02, 171 P.3d 276 (2007). The State does take exception to one statement about the officer’s conduct during the detention, but [659]*659that factual discrepancy has no bearing on the question presented in this appeal. For our purposes, a summarized version of only the relevant facts will suffice.

Lyon County Sheriffs Deputy Cory Doudican was providing roadside assistance to a motorist at milepost 127 of the Kansas Turnpike when the Marxes’ motor home lost a hubcap as it passed by Doudican’s location. Doudican retrieved the hubcap and headed after the motor home, catching up with the vehicle approximately a mile down the road. The deputy continued to follow the motor home for approximately 1/2 to 1 mile, until he “noticed that the motorhome crossed the fog line, which is a solid white line, overcorrected and crossed the center line.” That observation prompted the deputy to activate the emergency lights and conduct a traffic stop. On cross-examination, the deputy clarified that, by “centerline,” he was referring to the “dotted line,” which presumably is the lane marker between the two northbound lanes of 1-35. The deputy also acknowledged that the motor home was displaying California license plates and heading north on 1-35.

The deputy approached the vehicle’s passenger side, handed the hubcap to Peter through a half-open window, and detected a “brief smell of burnt marijuana.” The deputy obtained the Marxes’ driver’s licenses, vehicle registration, and proof of insurance, and had Desiree, the vehicle’s driver, accompany him to the patrol car. After issuing a warning ticket, returning the couple’s documents, and telling Desiree that she was free to leave, subsequent events led to a search of the motor home and the discovery of drugs and paraphernalia. The Marxes also made post-Miranda incriminating statements.

The Marxes were charged with obstructing official duty, possession of cocaine, possession of marijuana, possession of drug paraphernalia, and failure to pay drug tax. They filed a motion to suppress all physical and testimonial evidence, challenging both the initial vehicle stop and the extended detention. In granting the motion, the district court first found that the deputy was not motivated by a desire to return the hubcap and the initial detention was not justified as a public safety stop. Next, the district court found that the deputy did not have reasonable suspicion that De[660]*660siree had violated K.S.A. 8-1522, failure to maintain a single lane, and that the deputy had not testified that he stopped the vehicle for a violation of K.S.A. 8-1548, failure to signal a turn. Because the district court found the initial vehicle stop was unlawful, it did not reach the other issues concerning the deputy’s conduct during the detention.

The State appealed, claiming the initial vehicle stop was lawful for two reasons: (1) It was justified as a public safety or community caretaking stop; or (2) the deputy had reasonable suspicion that Desiree had violated K.S.A. 8-1522(a) by failing to maintain the motor home within a single lane. As noted, the Court of Appeals rejected the public safety argument but agreed that the stop was lawfully supported by reasonable suspicion of criminal activity. In remanding to the district court, the Court of Appeals directed the district court to address the unanswered issues raised in the suppression motion, such as whether the deputy’s investigation exceeded the scope of the initial stop. 38 Kan. App. 2d at 609. We granted both the Marxes’ petition for review and the State’s cross-petition for review.

STANDARD OF REVIEW

The Court of Appeals cited to the oft-repeated standard of review for evidence suppression issues on appeal:

“ ‘In reviewing a district court’s decision regarding suppression, [an appellate] court reviews the factual underpinnings of the decision by a substantial competent evidence standard and the ultimate legal conclusion by a de novo standard with independent judgment. This court does not reweigh evidence, pass on the credibility of witnesses, or resolve conflicts in the evidence. [Citation omitted.]’ State v. Ackward, 281 Kan. 2, 8, 128 P.3d 382 (2006).” 38 Kan. App. 2d at 602.

Additionally, this case requires us to interpret the provisions of K.S.A. 8-1522(a). To that extent, our review is also unlimited and likewise unfettered by the trial court’s legal rulings. See State v. Bryan, 281 Kan. 157, 159, 130 P.3d 85 (2006).

In stating the standard of review, the Court of Appeals also noted that “the State bears the burden of proving the lawfulness of a search and seizure by a preponderance of the evidence. State v. Porting, 281 Kan. 320, 324, 130 P.3d 1173 (2006).” Marx, 38 Kan. [661]*661App. 2d at 602. In that regard, the Marxes cite to Dalmasso v. Dalmasso, 269 Kan. 752, Syl. ¶ 6, 9 P.3d 551 (2000), for the proposition that any ruling which is merely adverse to the party with the burden of proof is a “negative finding,” and negative findings will not be disturbed on appeal absent proof of an arbitraiy disregard of undisputed evidence or some extrinsic consideration such as bias, passion, or prejudice. However, such a deferential standard should not be, and in practice has not been, actually applied to undermine the de novo, independent review of legal questions with which appellate courts are properly imbued.

Nevertheless, as the Marxes point out, the district court in this case made a number of findings describing facts for which the State had faded to present evidence. Such findings are truly negative findings, and we will review them as such in lieu of applying the substantial competent evidence standard.

UNDERLYING PRINCIPLES

Before directly addressing the issues raised in this appeal, we pause to briefly review the underlying principles. Both the Fourth Amendment to the United States Constitution and §15 of the Kansas Constitution Bill of Rights prohibit unreasonable governmental searches and seizures.

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Cite This Page — Counsel Stack

Bluebook (online)
215 P.3d 601, 289 Kan. 657, 2009 Kan. LEXIS 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marx-kan-2009.