State v. McCaddon

185 P.3d 309, 39 Kan. App. 2d 839, 2008 Kan. App. LEXIS 96
CourtCourt of Appeals of Kansas
DecidedJune 13, 2008
Docket96,051
StatusPublished
Cited by3 cases

This text of 185 P.3d 309 (State v. McCaddon) 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. McCaddon, 185 P.3d 309, 39 Kan. App. 2d 839, 2008 Kan. App. LEXIS 96 (kanctapp 2008).

Opinions

Hill, J.:

This appeal raises the question of whether a police officer can justify stopping a car for public safety concerns when the officer was actually investigating a disturbance report from an anonymous telephone call. Kansas courts have held that safety reasons alone may justify die police stopping a car if the safety reasons are based on specific and articulable facts. But, an investigatoiy stop cannot masquerade as a public safety check. Simply because [840]*840the police give a public safety reason as a secondary reason for the stop, that reason alone will not justify an investigatory stop if there is no reasonable suspicion of illegal activity. Here, a caller reported a disturbance between a man and a woman at a certain location and that the caller heard the man say he was going to the hospital. Because the police officer stopped a car of the same color and make as reported by the caller to check on the disturbance and had no specific articulable facts about public safety or the safety of the driver, we hold this is not a valid public safety stop. The court erred when it denied the defendant’s motion to suppress evidence. We reverse and remand.

The case history reveals stipulations to the facts.

Just before midnight on October 25,2004, the Salina Police Department received an anonymous call about a possible disturbance in the 400 block of South Twelfth Street, reporting a man and woman arguing. The caller said the man left the scene in a white Dodge Neon, saying he was going to the hospital. Salina Police Officer Chuck Huen drove to the location to investigate. Officer Huen arrived 3 or 4 minutes after the dispatcher received the phone call. He looked around for a few minutes but saw no signs of a disturbánce. He saw no one at the locátion. He did spot a white Dodge Neon about half a block away. Huen returned to his patrol car and stopped the Dodge.

Eric McCaddon was the driver. Huen noticed a strong odor of alcohol on McCaddon. When he asked McCaddon if he had been drinking, McCaddon said he had been drinking all day and admitted he had probably been drinking too much to be driving. Mc-Caddon was asked to perform field sobriety tests and was eventually arrested. The result of McCaddon’s breath test was 0.144.

After he was charged with driving under the influence of alcohol (DUI), failure to prove liability insurance, and driving while suspended, McCaddon moved to suppress the evidence in this case, arguing it was inadmissible because the officer had no reasonable and articulable suspicion to stop him. At the hearing on the motion, Officer Huen testified about the events leading up to McCaddon’s stop. Huen stated he saw nothing unusual about McCaddon’s driv[841]*841ing before the stop. Huen testified that he stopped the car to check on the disturbance and to check on the driver’s welfare.

After hearing the evidence, the district court determined Officer Huen did not have a reasonable suspicion to stop McCaddon for any criminal activity. But the court found Huen justified in stopping McCaddon’s car to check his welfare. The court denied the motion to suppress. The court stated that Huen had acted in good faith on the information from the tip that a man in a white Dodge Neon was on his way to the hospital. The court held this information alone justified a stop.

Following that ruling, McCaddon waived his right to a jury trial and presented the case to the trial court on stipulated facts. In the stipulation, McCaddon continued his objection to the evidence for the same reasons as argued in his motion to suppress. The court found him guilty of DUI and driving while suspended. McCaddon appeals his convictions.

We use a combined standard of review in this appeal.

In reviewing a district court’s suppression decision, this court reviews the factual underpinnings of the decision with a substantial competent evidence standard and then, using independent judgment, we look at the ultimate legal conclusion by a de novo standard. This court does not reweigh evidence, does not pass on the credibility of witnesses, and does not resolve conflicts in the evidence. See State v. Ackward, 281 Kan. 2, 8, 128 P.3d 382 (2006).

We must first examine the law that governs police-citizen interaction.

Kansas courts have recognized four types of encounters between police and citizens: voluntary encounters, investigatory stops, public safety stops, and arrests. State v. Gonzales, 36 Kan. App. 2d 446, 451, 141 P.3d 501 (2006). The issue in this case is whether Officer Huen’s stop of McCaddon was a valid public safety stop.

A public safety stop can be performed if the stop is based upon specific and articulable facts. Our Supreme Court has stated: “[A] civil or criminal infraction is not always essential to justify a vehicle stop. Safety reasons alone may justify the stop, if the safety reasons [842]*842are based upon specific and articulable facts. [Citation omitted.]” State v. Vistuba, 251 Kan. 821, 824, 840 P.2d 511 (1992), disapproved in part on other grounds State v. Fields, 252 Kan. 657, 664-65, 847 P.2d 1280 (1993); see State v. Hamman, 273 Kan. 89, 96, 41 P.3d 809 (2002).

The public safety stop is unique.

Public safety stops fall under the police’s community caretaking function, which expands beyond the police’s role in investigating crime. Vistuba, 251 Kan. at 824. Public safety stops are justified by the mobility of the'automobile and the danger to the public. State v. Tucker, 19 Kan. App. 2d 920, 925, 878 P.2d 855, rev. denied 255 Kan. 1007 (1994). In analyzing the validity of a stop, the risks to the public that would occur if an immediate stop is not conducted must be weighed against the right of an individual to be free from such stops. Tucker, 19 Kan. App. 2d at 927. “[W]here the danger to the public is clear, urgent, and immediate, the equation must be weighted in favor of protecting the public and removing the danger.” 19 Kan. App. 2d at 927.

Public safety stops are “ ‘totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.’ ” City of Topeka v. Grabauskas, 33 Kan. App. 2d 210, 214-15, 99 P.3d 1125 (2004) (quoting Cady v. Dombrowski, 413 U.S. 433, 441, 37 L. Ed. 2d 706, 93 S. Ct. 2523 [1973]). Public safety stops are not to be used for investigative purposes. Gonzales, 36 Kan. App. 2d at 457. Other courts have held the primary motivation of a valid public safety stop must be for community caretaking purposes. See Corbin v. State, 85 S.W. 3d 272, 276-77 (Tex. Crim. App. 2002) (“[A] police officer may not properly invoke his community caretaking function if he is primarily motivated by a non-community caretaking purpose.”).

Information from an anonymous tip must be examined for reliability.

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Related

Garcia v. Commonwealth
335 S.W.3d 444 (Court of Appeals of Kentucky, 2010)
State v. McCaddon
185 P.3d 309 (Court of Appeals of Kansas, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
185 P.3d 309, 39 Kan. App. 2d 839, 2008 Kan. App. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mccaddon-kanctapp-2008.