State v. Reiss

326 P.3d 367, 299 Kan. 291, 2014 WL 1765247, 2014 Kan. LEXIS 183
CourtSupreme Court of Kansas
DecidedMay 2, 2014
DocketNo. 102,071
StatusPublished
Cited by37 cases

This text of 326 P.3d 367 (State v. Reiss) 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. Reiss, 326 P.3d 367, 299 Kan. 291, 2014 WL 1765247, 2014 Kan. LEXIS 183 (kan 2014).

Opinion

The opinion of the court was delivered by

Nuss, C.J.:

Rex Reiss contends the district court and Court of Appeals both erred in refusing to suppress evidence from a traffic stop that led to his conviction for driving under the influence of alcohol. Reiss asserts he was unlawfully seized, tainting tire evidence and requiring its suppression.

We agree. Evidence was obtained after a seizure unsupported by reasonable suspicion. So we exclude the tainted evidence, reverse Reiss’ conviction that relied upon it, and remand to the district court for further proceedings.

Facts and Procedural History

At about 1 a.m. Augusta Police Officer Ricky Ritter observed a blue pickup truck traveling without its headlights on. Traveling directly behind was a red pickup truck driven by Reiss, with a van following Reiss.

Ritter pulled his squad car behind the three vehicles and activated his emergency lights, intending to stop only the blue truck. The driver of the van pulled over, and Ritter passed it. The driver [293]*293of the blue pickup and Reiss then pulled over simultaneously. Rit-ter stopped behind Reiss’ truck because of insufficient room behind the blue pickup. He testified that even with sufficient space, he would not have parked in front of Reiss because that location would have required turning his back to an unknown driver.

As Ritter pulled over, he called his dispatcher to announce the stop. During that call and immediately after the vehicles stopped, Reiss left his truck cab and approached Ritter s squad car. Ritter described Reiss’ action as “charging me.” With a raised voice, Reiss repeatedly demanded that Ritter explain why he had been pulled over. Ritter then requested backup, exited his squad car, and directed Reiss to stand back. He also told Reiss to get back in his truck. Reiss’ behavior worried Ritter because it was unusual for someone to exit a vehicle and approach a squad car during a traffic stop.

Reiss ignored Ritter’s direction and continued to demand an explanation for what he did wrong. After Ritter repeated his direction, Reiss eventually complied.

At the suppression hearing, Ritter testified about this roadside exchange with Reiss as follows:

“Q. [Attorney for tire State:] Okay. Did ultimately you meet him up close face-to-face?
“A. [Ritter:] I—he finally started backing towards his vehicle as I was walking toward him. And he got back into his truck before I walked up face-to-face with him.
“Q. [Attorney for tire State:] Okay. Did you have any conversation with him at that point?
“A. [Ritter:] Yes, I did.
“Q. [Attorney for the State:] What conversation did you have? Tell us about that.
“A. [Ritter:] I asked him. why he had gotten out of his vehicle. And he told me that he just didn’t really know tohat he did. I said that’s ok. I asked him for his driver’s license and proof of insurance to identify who he was. I was talking to him, I could tell that he was—he was having trouble pronouncing his words. He was slurring and kind of mumbling. Hard to understand. And his eyes were bloodshot and land of had a watery look to them. They were also droopy. I asked him if he had been drinking. And he said that he had, but not very much.” (Emphasis added.)

[294]*294Ritter then clarified the event sequence of this interaction:

“Q. [Attorney for die State:] Okay. Now you mentioned that you asked him for his license and registration—Mr. Reiss?
“A. [Ritter:] Yes.
“Q. [Attorney for the State:] Why did you ask him for those things?
“A. [Ritter:] To identify who he was. He stopped his vehicle in front of me. And got out and ran back towards me. So I—I wanted to know who I was dealing with.
“Q. [Attorney for tire State:] At the time you asked him for his license and registration, had you noticed anything about his demeanor, the slurring words and so forth?
“A. [Ritter:] No. Not before then.” (Emphasis added.)

As Ritter talked to Reiss, Sergeant Chris Scheuber arrived to provide backup. Ritter told Scheuber he believed Reiss was driving under the influence of alcohol (DUI). Ritter decided to investigate Reiss for DUI after observing his behavior and appearance during their exchange at tire truck. But first Ritter approached the blue pickup truck while Scheuber watched Reiss. Ritter did not return Reiss’ driver’s license and other documentation until after he dealt with the occupants of the blue truck.

After Ritter finished with that truck, he returned his attention to Reiss. Ritter asked him to take a field sobriety test. After Reiss failed the test, Ritter arrested him for DUI. The State formally charged Reiss with felony DUI in violation of K.S.A. 2007 Supp. 8-1567.

Reiss filed a pretrial motion to suppress the DUI evidence. The district court denied the motion, noting the unique circumstances of the case and the potential for danger to Ritter. The court ruled Ritter’s initial direction for Reiss to return to the truck was not a seizure.

The court further concluded Ritter acted lawfully to establish Reiss’ identity. Because Ritter developed reasonable suspicion to investigate Reiss for DUI during this exchange, the court held that the later investigation, i.e., his further questioning and the field sobriety test, was lawful.

After a jury convicted Reiss of DUI, the court sentenced him to 6 months in jail and imposed a fine of $2,500. A Court of Appeals [295]*295panel ultimately rejected Reiss’ appeal. It first disagreed with the district court, concluding Reiss was seized without reasonable suspicion the moment he complied with Ritter’s “order” to return to his truck. State v. Reiss, 45 Kan. App. 2d 85, 88, 244 P.3d 693 (2010).

The panel noted, however, public and officer safety concerns can justify a brief detention without reasonable suspicion. The panel analogized situations where the United States Supreme Court has held that the Fourth Amendment permits brief, suspi-cionless detentions.

Specifically, the panel noted that passengers in an automobile during a traffic stop and occupants of a residence being lawfully searched may both be briefly detained in the interest of officer safety without any suspicion of their criminal wrongdoing. So the panel held Ritter acted reasonably to protect himself and officer safety concerns outweighed Reiss’ liberty interest. 45 Kan. App. 2d at 88-91. The panel further held that Ritter’s “asking for identification in this circumstance was itself only a minimal intrusion.” 45 Kan. App. 2d at 92. Accordingly, tire panel affirmed the district court’s denial of evidence suppression, albeit for somewhat different reasons.

We granted Reiss’ petition for review, accepting jurisdiction under K.S.A. 60-2101(b). More facts will be added as necessary to the analysis.

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Cite This Page — Counsel Stack

Bluebook (online)
326 P.3d 367, 299 Kan. 291, 2014 WL 1765247, 2014 Kan. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reiss-kan-2014.