State v. Skippings

2014 NMCA 117, 7 N.M. 38
New Mexico Court of Appeals·Decided September 16, 2014·No. Docket 32,990·Published·Cited by 11 cases

Opinion

OPINION

WECHSLER, Judge.

Defendant Clinton Skippings appeals the district court’s denial of his motions to suppress evidence, having reserved the issue of whether his motions were properly denied in his conditional plea agreement. Defendant argues that police officers lacked reasonable suspicion to stop him based on a confidential informant’s tip and also asserts that he was subject to a de facto arrest without probable cause, tainting Defendant’s consent and making the evidence discovered fruit of an illegal search. Accordingly, Defendant asks this Court to reverse the district court’s denial of his motions to suppress. We conclude that Defendant’s motions were properly denied and therefore affirm the district court.

BACKGROUND

The'factual context in this case is central to the resolution of this appeal and is established by the testimony of Defendant and Lea County Drug Task Force (Task Force) Agents Byron Wester and Keith Clayton at the hearings on Defendant’s motions to suppress evidence. On August 29, 2012, Agents Wester and Clayton were working with a confidential informant in Hobbs, New Mexico. With the officers present, the informant set up a purchase of crack cocaine with Defendant in a cell phone conversation. The informant provided the following details regarding the deal: (1) Defendant immediately would be in the parking lot of Big Lots with the crack cocaine; and (2) Defendant would be in one of two vehicles that he was known to drive (either a white passenger car or a gold-colored pickup). The Drug Task Force had used this confidential informant on numerous past occasions, and the confidential informant had provided reliable information that led to multiple arrests and convictions.

Upon receiving the informant’s tip, Agent Wester proceeded to the Big Lots parking lot, where he observed Defendant and a female passenger in a white vehicle, as described by the informant. Agent Wester watched Defendant drive across the street to an apartment complex, at which time he briefly lost sight of the vehicle; Defendant returned shortly thereafter in the same vehicle but without the female passenger. Defendant then exited the parking lot and drove south on Dal Paso Street. At that time, Agent Wester requested that the Hobbs Police Department stop Defendant. The parties stipulated below that the sole purpose of the stop was to further the agents’ investigation of Defendant based on the informant’s information.

Hobbs police officers stopped Defendant at approximately 7:25 p.m., when there was still daylight. Agent Wester arrived at the scene within a few minutes, at which time he observed Defendant standing outside his vehicle with a police officer. Agent Wester approached Defendant, explained who he was, and told Defendant that he was not under arrest but being detained for investigative purposes. Agent Wester patted down Defendant for weapons. Defendant was then handcuffed and read his Miranda rights. Defendant indicated his willingness to talk with the agent, he and Agent Wester sat down on a curb, and Agent Wester engaged Defendant in a conversation. Agent Wester testified that Defendant was handcuffed for safety purposes because Defendant had a history of violence. Several other officers were present, but they did not engage' in conversation with Defendant. Agent Wester told Defendant about the investigation into his alleged trafficking of crack cocaine.

Within ten minutes of the initial stop, while speaking to Agent Wester, Defendant told Agent Wester that he was willing to consent to a search of his vehicle. At that time, Defendant’s handcuffs were removed so that he could sign a consent form. Agent Clayton read the consent form to Defendant and gave it to Defendant to sign. The handcuffs were not placed back on Defendant; Defendant was in handcuffs no more than ten minutes. After signing the consent form, Defendant and Agent Wester resumed sitting on the curb and conversing, while other agents performed the search of Defendant’s vehicle. As soon as the agents opened the door of Defendant’s vehicle, the agents discovered marijuana.

During the search, Agent Wester and Defendant continued to sit on the curb and talk about Defendant’s alleged involvement in narcotics activity in the area. Agent Wester also talked to Defendant about whether he would be willing to do some work for the Task Force and various other topics, including Defendant’s addiction to narcotics. Agent Wester maintained a professional and nonthreatening tone of voice throughout his conversation with Defendant. After the search of the vehicle was complete, Agent Wester asked Defendant “if he had anything on him” and asked for consent to search his person, which Defendant gave. Agent Wester found approximately $1200 and a plastic bag of crack cocaine on Defendant. By that time, approximately forty-five minutes had passed since the stop. Defendant was then arrested for trafficking a controlled substance contrary to NMSA 1978, Section 30-31-20 (2006).

Defendant moved to suppress all contraband found and seized by the Task Force, asserting that (1) the agents lacked reasonable suspicion to initiate an investigatory detention based on a confidential informant’s tip, and (2) Defendant was subjected to a de facto arrest requiring probable cause and tainting his consent to search his vehicle and his person.. The district court denied his motions, and Defendant entered a conditional plea in which he reserved the right to appeal the denials of the motions. Defendant renews both arguments on appeal.

STANDARD OF REVIEW

“[Rjeview of a district court’s ruling on a motion to suppress involves a mixed question of fact and law.” State v. Rowell, 2008-NMSC-041, ¶ 8, 144 N.M. 371, 188 P.3d 95 (internal quotation marks and citation omitted). We review factual questions under a substantial evidence standard and the application of law to facts de novo. State v. Pacheco, 2008-NMCA-131, ¶ 3, 145 N.M. 40, 193 P.3d 587. We recognize that “the district court has the best vantage from which to resolve questions of fact and to evaluate witness credibility. Accordingly, we review the facts in the light most favorable to the prevailing party” provided that substantial evidence exists to support the factual findings. State v. Sewell, 2009-NMSC-033, ¶ 12, 146 N.M. 428, 211 P.3d 885 (internal quotation marks and citation omitted). Finally, we “review the application of the law to those facts, making a de novo determination of the constitutional reasonableness of a search or seizure.” Id.

LEGALITY OF THE INITIAL STOP

It is well established that “stopping an automobile and detaining its ' occupants constitute a seizure under the Fourth and Fourteenth Amendments.” State v. Werner, 1994-NMSC-025, ¶ 11, 117 N.M. 315, 871 P.2d 971 (alteration, internal quotation marks, and citation omitted); State v. Funderburg, 2008-NMSC-026, ¶ 13, 144 N.M. 37, 183 P.3d 922. However, only unreasonable searches and seizures are proscribed. Werner, 1994-NMSC-025, ¶ 11. Under New Mexico and federal case law, “[pjolice may make an investigatory stop in circumstances that do not rise to the level of probable cause for an arrest if the officers have a reasonable suspicion that the law has been or is being violated.” State v. Alderete, 2011-NMCA-055, ¶ 15, 149 N.M.

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State v. Skippings, 2014 NMCA 117, 7 N.M. 38 (N.M. Ct. App. 2014).

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