State v. Wilson

2018 MT 268, 430 P.3d 77, 393 Mont. 238
CourtMontana Supreme Court
DecidedNovember 13, 2018
DocketDA 17-0550
StatusPublished
Cited by17 cases

This text of 2018 MT 268 (State v. Wilson) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wilson, 2018 MT 268, 430 P.3d 77, 393 Mont. 238 (Mo. 2018).

Opinion

Chief Justice Mike McGrath delivered the Opinion of the Court.

***240¶ 1 Johnathan Samual Wilson appeals from a February 17, 2017 Seventeenth Judicial District Court Order in which his motion to suppress was denied. We reverse.

¶ 2 We restate the issue on appeal as follows:

Did the District Court err when it denied Wilson's motion to suppress based on its determination that the drug investigation was supported by particularized suspicion?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 The relevant facts are not in dispute. On June 21, 2016, at approximately 5:06 p.m. Montana Highway Patrolman Cody Smith ("Smith"), while in his marked patrol car on the eastbound shoulder of U.S. Highway 2 near Chinook, Montana, observed an eastbound 2013 Chrysler LX with a North Dakota license plate approaching from the rear. According to Smith, the occupants of the vehicle looked at Smith's patrol car and then immediately looked away. Smith found this behavior suspicious. He ran the North Dakota license plate, which showed that the vehicle's registration had expired. Smith initiated a traffic stop.

¶ 4 Smith approached the driver's side of the vehicle and informed the driver of the reason for the stop. The driver, later identified as Scott Dean Paramore, seemed surprised to learn that the registration had expired. Smith noted that Paramore was trembling and that the passenger, Johnathan Wilson, appeared nervous and avoided eye contact with Smith. Smith found their nervousness unusual. Smith then noticed a rental sticker in the rear passenger window, *80a suitcase in the back seat, and that the vehicle had a "somewhat lived in appearance."

¶ 5 Paramore informed Smith that he had borrowed the vehicle from a work acquaintance. Paramore could not locate his wallet or driver's license and told Smith he must have left them at a gas station. Smith asked Paramore to step out of the vehicle and instructed him to sit in the front passenger seat of his patrol car. As they walked to the patrol car, Paramore handed Smith an expired insurance card and placed an unlit cigarette in his mouth. Smith found this odd considering "he knew he was going to go into my car, and he had a cigarette in his mouth."

¶ 6 In the patrol car, Paramore informed Smith that he and Wilson were returning home to North Dakota from Paramore's wedding in Sandpoint, Idaho. Smith found it suspicious that Paramore, a newlywed, was traveling without his wife and asked Paramore and Wilson about the arrangement five separate times. Each time, ***241Paramore informed Smith that his wife needed to arrive early to Idaho to get the wedding set up, that he only had a limited number of vacation days available, and that his wife needed a separate vehicle to transport their three children. Smith noted that Paramore's nerves had not subsided because he was breathing heavily and avoiding eye contact with Smith.

¶ 7 Smith ran Paramore's license and learned that Paramore had a valid Idaho license showing several driving infractions. Smith asked Paramore how long he had known the vehicle's owner, to which he responded about four or five months. Smith found it suspicious that a person would loan their vehicle to someone whom the person knew for less than six months, especially for an interstate trip lasting several days.

¶ 8 Smith exited the patrol car to see if Wilson could locate valid proof of insurance. As he did so, Paramore asked Smith if he could step out of the car to smoke his cigarette. Smith interpreted this as nervousness and indicative of Paramore's desire to get out of the patrol car.

¶ 9 As Smith approached the vehicle's passenger's side door he noted that Wilson did not appear nervous. He observed old food items on the floor and the overall messiness of the vehicle. He asked Wilson if he could find valid proof of insurance, which Wilson was unable to locate. Wilson corroborated the plans Paramore discussed with Smith: they were returning from Paramore's wedding in Idaho, the bride traveled separately, and the vehicle belonged to Paramore's coworker. Smith returned to the patrol car with Wilson's driver's license.

¶ 10 Back in the patrol car, dispatch checked Paramore and Wilson's criminal history and informed Smith that Paramore had a history of prior drug charges. Smith asked Paramore if he had ever been on probation, to which Paramore responded that he was on probation two years ago for marijuana.

¶ 11 At approximately 5:24 p.m., about twenty minutes after the stop was initiated, Smith exited the vehicle to call and request that Nicolas Ost, a border patrol agent and K-9 handler, bring his dog to assist in the investigation. As Smith was on the radio, Paramore opened the patrol car door. Smith interpreted this as Paramore's attempt to "listen to what [he] was doing." According to Smith, "[t]his continued to make me suspect that Paramore was extremely nervous."

¶ 12 At approximately 5:27 p.m., Smith issued Paramore citations for failure to provide proof of insurance and for operating a vehicle with expired registration.

¶ 13 Smith asked Paramore if he was "good to go" and Paramore responded affirmatively. However, before Paramore could exit the vehicle, Smith requested that Paramore stay for further questioning.

***242Smith informed Paramore that U.S. Highway 2 is a known drug trafficking corridor and asked whether there were any drugs in the vehicle. Paramore denied that any drugs were in the vehicle.

¶ 14 Smith asked Paramore if he could search the vehicle. Paramore refused. Smith asked Paramore if he would be willing to wait for a K-9 unit to arrive. Paramore stated that he would prefer not to wait. Smith responded that a canine search of the vehicle was going to take place and that they needed to wait for the K-9 unit to arrive.

*8115 At 5:51 p.m., approximately 45 minutes after Paramore and Wilson were initially stopped, the K-9 unit arrived. After the canine sniff of the vehicle, Agent Ost notified Smith that the dog detected drugs in the car. Smith informed Wilson and Paramore that, due to the dog's alerts, Smith would be applying for a warrant to search the vehicle.

¶ 16 Smith asked about the bar code in the rear window of the vehicle and Paramore explained that he believed the sticker was there because it used to be rental car. Smith found the sticker "really weird" and stated that it reinforced his suspicions.

17 At 6:02 p.m., Wilson and Paramore were permitted to leave the scene on foot while Smith awaited the warrant.

¶ 18 A search warrant was issued and officers recovered a small bag of marijuana and a pipe from the vehicle's center console, and a large bag containing two bags of marijuana in the trunk for a total of 262.2 grams of marijuana. Paramore and Wilson were later arrested in Havre, Montana, and transported to Hill County Detention Center.

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Cite This Page — Counsel Stack

Bluebook (online)
2018 MT 268, 430 P.3d 77, 393 Mont. 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wilson-mont-2018.