State v. Santacruz

133 P.3d 484, 132 Wash. App. 615, 2006 Wash. App. LEXIS 782
CourtCourt of Appeals of Washington
DecidedApril 27, 2006
DocketNo. 24093-2-III
StatusPublished
Cited by9 cases

This text of 133 P.3d 484 (State v. Santacruz) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Santacruz, 133 P.3d 484, 132 Wash. App. 615, 2006 Wash. App. LEXIS 782 (Wash. Ct. App. 2006).

Opinion

Sweeney, C.J.

¶1 — The scope of a Terry1 stop may be enlarged and prolonged to address suspicions unrelated to the original stop given proper circumstances. Here, police noticed Edward Santacruz’s dilated pupils during a stop for an expired vehicle registration. The officer asked about the condition of his eyes. Mr. Santacruz said he had used methamphetamine earlier in the day. The court concluded the question was unrelated to the original scope of the Terry stop and suppressed the resulting drug evidence. The questioning here and the subsequent consensual search were easily justified by the condition of Mr. Santacruz’s eyes. And we reverse the order of suppression.

FACTS

¶2 An officer pulled Edward Santacruz over for driving with an expired vehicle registration. Mr. Santacruz admitted he had no driver’s license. The officer noticed that the pupils of Mr. Santacruz’s eyes were unusually dilated, but he did not smell any odor of alcohol. He asked Mr. Santacruz if he had recently “taken any type of drugs.” Clerk’s Papers (CP) at 13. Mr. Santacruz said he had used methamphetamine earlier in the day.

¶3 The officer then asked Mr. Santacruz if he had any drugs or paraphernalia in the car. Mr. Santacruz said no, but he did have a couple of syringes in his pocket. He consented to a quick search of his person and got out of the car. The officer found two syringes and a silver spoon with meth-' [618]*618amphetamine residue. The State charged Mr. Santacruz with possession.

¶4 Mr. Santacruz moved to suppress the evidence of drugs. The trial court considered affidavits and argument of counsel and ruled that asking Mr. Santacruz about recent drug use was beyond the scope of the Terry stop. The focus of the stop was a defective registration. The court ruled, therefore, that only questions about registration and licensing were permissible. The court concluded that exceeding the justifiable scope of the initial stop invalidated Mr. Santacruz’s admission that he used methamphetamine and his consent to the search.

¶5 The trial court then suppressed the evidence. The State appeals.

DISCUSSION

Scope of the Traffic Stop

¶6 The State contends that once Mr. Santacruz confirmed the officer’s suspicion that he had used methamphetamine that day, it was reasonable and lawful to extend the scope of the stop to investigate possible driving under the influence. Mr. Santacruz contends that asking him about his dilated pupils was an improper extension of the scope of an otherwise legitimate Terry stop. The stop therefore had to be justified by an articulable suspicion of some further criminal activity. And dilated pupils, standing alone, were not sufficient to justify asking a question about drug use. Said another way, dilated pupils are an innocuous fact.

¶7 We review the trial court’s findings of fact in a suppression motion for substantial evidence and its conclusions of law de novo. State v. Mendez, 137 Wn.2d 208, 214, 970 P.2d 722 (1999). Whether particular facts constitute a Fourth Amendment seizure is a question of law that we review de novo. State v. Villarreal, 97 Wn. App. 636, 640, 984 P.2d 1064 (1999) (citing State v. Armenta, 134 Wn.2d 1, 9, 948 P.2d 1280 (1997)). A traffic stop is a “seizure” for our [619]*619constitutional analysis here. State v. Ladson, 138 Wn.2d 343, 350, 979 P.2d 833 (1999). It is subject to the criteria of reasonableness set forth in Terry and United States v. Botero-Ospina.2

¶8 A Terry stop “ ‘is reasonable if the State can point to “specific and articulable facts giving rise to a reasonable suspicion that the person stopped is, or is about to be, engaged in criminal activity.” ’ ” Villarreal, 97 Wn. App. at 640 (quoting Armenta, 134 Wn.2d at 10 (quoting State v. Gleason, 70 Wn. App. 13, 17, 851 P.2d 731 (1993))). This means the stop must be based on more than an officer’s “inarticulable hunch.” State v. Pressley, 64 Wn. App. 591, 597, 825 P.2d 749 (1992); State v. O’Cain, 108 Wn. App. 542, 549, 31 P.3d 733 (2001); Terry v. Ohio, 392 U.S. 1, 22, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968).

¶9 The lawful scope of a Terry stop may be enlarged or prolonged as needed to investigate unrelated suspicions that crop up during the stop. State v. Smith, 115 Wn.2d 775, 785, 801 P.2d 975 (1990); State v. Guzman-Cuellar, 47 Wn. App. 326, 332, 734 P.2d 966 (1987). The officer may “ ‘maintain the status quo momentarily while obtaining more information.’ ” State v. Williams, 102 Wn.2d 733, 737, 689 P.2d 1065 (1984) (quoting Adams v. Williams, 407 U.S. 143, 146, 92 S. Ct. 1921, 32 L. Ed. 2d 612 (1972)). But, to detain a suspect beyond what the initial stop demands, the officer must be able to articulate specific facts from which it could reasonably be suspected that the person was engaged in criminal activity. State v. Henry, 80 Wn. App. 544, 550, 910 P.2d 1290 (1995); State v. Tijerina, 61 Wn. App. 626, 629, 811 P.2d 241 (1991).

¶10 The trial court here accepted Mr. Santacruz’s implied premise that an officer needs more than a hunch before asking a question during an otherwise well-founded investigatory stop. While certainly an “inchoate hunch” is not sufficient to justify a stop, experienced officers are not required to ignore arguably innocuous circumstances that [620]*620arouse their suspicions. State v. Kennedy, 107 Wn. App. 972, 980, 29 P.3d 746 (2001) (citing State v. Samsel, 39 Wn. App. 564, 570-71, 694 P.2d 670 (1985)). They may expand the scope of the initial stop to encompass events occurring during the stop. See State v. Belieu, 112 Wn.2d 587, 605, 773 P.2d 46 (1989). They may ask a few questions to determine whether a further short intrusion is necessary to dispel their suspicions. See, e.g., State v. Gonzales, 46 Wn. App. 388, 394-95, 731 P.2d 1101 (1986).

¶11 And we judge the lawfulness of the conduct on the information known to the officer at the time. See, e.g., Armenta, 134 Wn.2d at 14.

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133 P.3d 484, 132 Wash. App. 615, 2006 Wash. App. LEXIS 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-santacruz-washctapp-2006.