State v. Weaver

2007 UT App 292, 169 P.3d 760, 586 Utah Adv. Rep. 11, 2007 Utah App. LEXIS 302, 2007 WL 2669561
CourtCourt of Appeals of Utah
DecidedSeptember 13, 2007
DocketNo. 20060801-CA
StatusPublished

This text of 2007 UT App 292 (State v. Weaver) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Weaver, 2007 UT App 292, 169 P.3d 760, 586 Utah Adv. Rep. 11, 2007 Utah App. LEXIS 302, 2007 WL 2669561 (Utah Ct. App. 2007).

Opinion

OPINION

BILLINGS, Judge:

T1 The State of Utah appeals the trial court's order dismissing with prejudice four misdemeanor charges against Defendant Robert Weaver. On appeal, the State claims that the trial court erred in granting Defendant's motion to suppress because the lower court incorrectly concluded that a sheriff's deputy violated Defendant's Fourth Amendment rights when the deputy asked Defendant to exit his vehicle after the deputy had determined that the vehicle registration was valid. We affirm.

[762]*762BACKGROUND

T2 On September 6, 2005, in Washington County, Utah, Sergeant Dan Endter contacted Washington County Sheriffs Deputy Mike Mitchell to inform him that he had observed a vehicle stop in the middle of a roadway for no apparent reason. Sergeant Endter apprised Deputy Mitchell that he had checked the vehicle's license plates and discovered that the car's Nevada license plates did not match the registered make of the car. Specifically, Sergeant Endter told Deputy Mitchell that although the observed vehicle was a Chrysler, the license plates were registered to a Cadillac. Because Sergeant End-ter was transporting a prisoner at the time he observed the vehicle, he could not conduct a traffic stop, and he asked Deputy Mitchell to assist him.

T3 Deputy Mitchell located the vehicle, checked the car's license plates, and confirmed that they belonged to a Cadillac, not a Chrysler. Deputy Mitchell subsequently initiated a traffic stop on grounds of a possible false registration. With his headlights on and emergency lights activated, Deputy Mitchell pulled up behind the vehicle and directed it to stop. Deputy Mitchell approached the vehicle and asked Defendant, the driver of the vehicle, for his license, the vehicle's registration, and proof of insurance. Defendant produced the requested documentation. At this time, Defendant was sitting inside the vehicle, along with a passenger.

T4 After reviewing the requested doeu-mentation from Defendant and the vehicle identification number on the dashboard, Deputy Mitchell determined that the documentation all matched Defendant and the Chrysler. Deputy Mitchell subsequently returned to his vehicle with Defendant's documentation and contacted dispatch. Dispatch informed Deputy Mitchell that the license plates showed up in the system as being registered to a . Cadillac. Deputy Mitchell then told dispatch that the registration information Deputy Mitchell had in hand was correct and that he was going to inform Defendant to contact the Nevada Division of Motor Vehicles to get it straightened out because "something's wrong."

[ 5 Deputy Mitchell then exited his vehicle with Defendant's. papers and again approached Defendant's car. When he reached the car, Deputy Mitchell asked Defendant to come talk to him for a minute. Defendant agreed, exited the car, and followed Deputy Mitchell to the rear of the vehicle. There, Deputy Mitchell pointed to the vehicle's license plates and then turned to Defendant to explain the problem with the plates. Approximately twenty seconds into this conversation, Deputy Mitchéll apparently smelled alcohol on Defendant's breath and asked Defendant if he had been drinking. Defendant told Deputy Mitchell he had consumed a beer. ‘ |

T6 Deputy Mitchell subsequently performed field sobriety tests and a portable breath test. A fellow deputy searched Defendant's car and found a small, glass vial containing suspected cocaine residue, some marijuana, a crack pipe, two marijuana pipes, rolling papers, two razor blades, and a lighter. The deputies arrested Defendant. He was charged with possession of controlled substances and drug paraphernalia and for driving under the influence of alcohol and/or drugs.

T7 Defendant subsequently moved to suppress the evidence obtained during the traffic stop. Following an evidentiary hearing, the trial court granted Defendant's motion. In its conclusions of law, the trial court determined: .

, Deputy Mitchell had a reasonable basis to stop ... [DJefendant's vehicle based on the discrepancy involving the license plate and the information obtained from dispatch ... [but] reasonable suspicion ceased when Deputy Mitchell made the determination that the information was valid and he informed dispatch that he intended to return ... [Dlefendant's license and registration and tell him to contact Nevada DMV. The extended inquiry, wherein ... Defendant was asked to exit his vehicle, was a violation of [Defendant's] [Almendment constitutional rights against unlawful searches and seizures. [Deputy] Mitchell offered no reasonable articulable suspicion at the hearing or at the time of the detention that ... [Dlefendant had committed [763]*763or was about to commit a erime or to explain his need for further inquiry. Any further detention for questioning after the initial fulfillment of the purpose of the initial traffic stop, which was to inquire about the registration, was not justified under the [FJourth [AJmendment.

The trial court thus dismissed Defendant's case with prejudice. The State appeals.

ISSUE AND STANDARDS OF REVIEW

{8 The State argues that the trial court incorrectly concluded that Deputy Mitchell violated Defendant's Fourth Amendment rights in asking him to exit the vehicle after the deputy had concluded that Defendant's registration was valid. "In cases involving Fourth Amendment questions under the United States Constitution, we review mixed questions of law and fact under a correctness standard." State v. Worwood, 2007 UT 47, ¶ 11, 164 P.3d 397. We review "Iflactual findings underlying a motion to suppress ... for clear error." Id. at ¶ 12.

ANALYSIS

9 The State claims the trial court improperly granted Defendant's motion to suppress. Specifically, the State argues that the trial court erred in concluding that the traffic stop was complete after Deputy Mitchell determined that the registration was valid, and therefore the deputy's request that Defendant exit the vehicle to discuss the discrepancy between the license plates and the make of the vehicle exceeded the seope of the initial detention and violated Defendant's Fourth Amendment rights.

¶ 10 "The Fourth Amendment allows for three different kinds of police-citizen encounters." Id. at ¶ 21. Each of these three types of encounters "permit[s] a different degree of intrusion and requir{es] a different level of justification." Id. Here, we are concerned with an investigative detention, referred to as a level two stop, see id. at ¶ 22, that is only justified when "an officer 'has reasonable, articulable suspicion that the person has been, is, or is about to be engaged in criminal activity'" Id. at ¶ 28 (quoting State v. Markland, 2005 UT 26, ¶ 10, 112 P.3d 507) (additional quotations and citation omitted). It is the State's burden to "proviel the reasonableness of the officer's actions during an investigative detention." Id.

{11 In determining whether an officer acted reasonably during an investigative detention, we consider (I) whether "the officer's initial stop [was] justified" and (2) whether the officer's "subsequent actions [were] within the seope of the cireumstances justifying the stop." City of St. George v. Carter, 945 P.2d 165, 168 (Utah Ct.App.1997); see also Worwood, 2007 UT 47 at ¶ 25, 164 P.3d 397.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Terry v. Ohio
392 U.S. 1 (Supreme Court, 1968)
Pennsylvania v. Mimms
434 U.S. 106 (Supreme Court, 1977)
State v. O'BRIEN
959 P.2d 647 (Court of Appeals of Utah, 1998)
City of St. George v. Carter
945 P.2d 165 (Court of Appeals of Utah, 1997)
State v. Lopez
873 P.2d 1127 (Utah Supreme Court, 1994)
State v. Godina-Luna
826 P.2d 652 (Court of Appeals of Utah, 1992)
People v. Miller
803 N.E.2d 610 (Appellate Court of Illinois, 2004)
State v. Markland
2005 UT 26 (Utah Supreme Court, 2005)
State v. Bissegger
2003 UT App 256 (Court of Appeals of Utah, 2003)
State v. Hansen
2002 UT 125 (Utah Supreme Court, 2002)
State v. Worwood
2007 UT 47 (Utah Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2007 UT App 292, 169 P.3d 760, 586 Utah Adv. Rep. 11, 2007 Utah App. LEXIS 302, 2007 WL 2669561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-weaver-utahctapp-2007.