United States v. Hight

127 F. Supp. 3d 1126, 2015 U.S. Dist. LEXIS 92555, 2015 WL 4239003
CourtDistrict Court, D. Colorado
DecidedJune 29, 2015
DocketCriminal Case No. 15-cr-00060-LTB
StatusPublished
Cited by3 cases

This text of 127 F. Supp. 3d 1126 (United States v. Hight) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hight, 127 F. Supp. 3d 1126, 2015 U.S. Dist. LEXIS 92555, 2015 WL 4239003 (D. Colo. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

Babcock, District Judge.

This case comes before me on Defendant Scott Hight’s Motion to Suppress [Doc. # 35] and Supplemental Motion to Suppress [Doc. # 41], in which he seeks suppression of the evidence that officers discovered in his rental truck during a traffic stop on February 4, 2015. I have reviewed the motions; the government’s opposition thereto [Doc. # 42]; and the evidence and argument presented at the hearing on June 19, 2015. As I explain below, I GRANT the motions on three independent grounds. First, the duration of the traffic stop was measurably extended by matters not tied to the infraction for which Defendant was stopped and thus became unlawful. Evidence discovered during the subsequent search is fruit of this illegality and must be suppressed. Second, Defendant’s consent to a search of the truck was not voluntary. Third, there was no probable cause or consent to search the sealed boxes in the bed of the truck in which drugs were found. The government has not shown that the inevitable discovery [1129]*1129doctrine applies to excuse this lack of probable cause or consent.

I. Facts

Defendant is charged in a one-count indictment with possession with intent to distribute 1 kilogram or more of a mixture or substance containing a detectable amount of heroin, 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, and 500 grams or more of a mixture or substance containing a detectable amount of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(i) & (vin), and (b)(1)CB)(ii)(II). At the hearing, the government called Colorado State Patrol Trooper Jeffrey Chmielew-ski to testify. I observed the testimony of Trooper Chmielewski closely and found him to be a highly credible witness. The government also introduced a videotape of the stop and a “consent to search” form. Defendant introduced no additional testimony or exhibits. The parties’ counsel indicated that they generally agree on the facts, and neither party has identified any significant factual disputes. Based on the foregoing, I make the following findings of fact.

On February 4, 2015, at 11:25 p.m., Trooper Chmielewski conducted a traffic stop of a white Ford F-150 pickup truck that Defendant was driving eastbound on Interstate 70. Defendant was approaching the Eisenhower Tunnel. The weather was cold, and the road was covered with snow. Trooper Chmielewski had observed that Defendant’s high beam headlights appeared to be on even though he was within a certain distance of other vehicles on the road, in violation of state statute. See Colo. Rev. Stat. § 42-4-217. Trooper Chmielewski also observed certain driving behavior that he testified “surprised” him: Defendant, who was driving in the center lane, moved into the right lane, where the trooper was driving, got behind the trooper, and slowed down. Trooper Chmielew-ski acknowledged, however, that drivers generally change their driving patterns when officers are nearby, that they will hesitate to exceed the speed limit in order to pass an officer, and that Defendant might have hesitated to pass the trooper due to the snow on the road.

The stop occurred in a “staging area” at one of the corners of the tunnel. Trooper Chmielewski introduced himself and asked for Defendant’s driver’s license, vehicle registration, and insurance. Defendant told the trooper that the truck was a rental vehicle. The trooper asked to see the rental agreement in lieu of registration and insurance. Defendant provided a rental agreement for a different vehicle. The trooper asked for the correct agreement. Defendant had four or five rental agreements in the vehicle and was unable to immediately produce the correct agreement. The trooper observed that the cargo area of the truck was “fully loaded.” He also saw that Defendant’s girlfriend, two Chihuahua dogs, and “numerous bags” were in the cab. The trooper asked Defendant about his travel plans. Defendant said he was coming from Ontario, California, had stopped in Las Vegas to change vehicles, and was ultimately bound for Philadelphia, where he was “possibly” moving. Defendant told the trooper that he was tired and was just trying to get “over the hill.” The trooper observed that Defendant seemed frustrated, exasperated, and hurried.

At 11:29 p.m., Trooper Chmielewski returned to his vehicle while Defendant continued searching for the correct rental agreement. He ran Defendant’s driver’s license and conducted a warrant check. The Colorado State Patrol’s regional communications center advised him that Defendant had a non-extraditable warrant for “dangerous drugs” out of California. Trooper Chmielewski testified that he un[1130]*1130derstands a non-extraditable warrant to be one that calls for arrest only in the state where it was issued. Therefore, he explained, he never planned to take Defendant into custody on the basis of the California warrant. Upon discovery of the warrant, however, Trooper Chmielewski began to suspect that Defendant might have drugs in his truck. Hearing of the warrant over the radio, another trooper, James Mahurin, began making his way toward the scene.

At 11:35 p.m., Trooper Chmielewski returned to Defendant’s window and advised him of the warrant. Defendant said he thought he had taken care of it, and noted he had stopped using drugs since his release from jail. Defendant explained that he had not had a vehicle of his own since his release. Trooper Chmielewski asked Defendant if he had any contraband in the vehicle. Defendant said he did not have any drugs in the vehicle, but did have $3,000 in currency. He said he was delivering camera lenses to Philadelphia, in addition to possibly moving there, but said he did not know for whom he was transporting the lenses. Trooper Chmielewski asked Defendant if Defendant wanted him to obtain additional information on the warrant, and Defendant responded in the affirmative.

At 11:38 p.m., Trooper Chmielewski again returned to his vehicle. He obtained the phone number for the sheriffs office in California associated with the warrant. He discussed his desire to search Defendant’s vehicle with other officers both by radio and by phone. He also indicated he would “wait” for Trooper Mahurin to arrive before asking Defendant for consent to search his vehicle. At 11:42 p.m., while the trooper was in his vehicle doing these things, Defendant held a rental agreement out of his window. At 11:45 p.m., Trooper Chmielewski retrieved the agreement and was back in his vehicle by 11:46 p.m. He acknowledged that, by this point, he had all of the information he needed to complete the stop.

From 11:46 to 11:57 p.m., Trooper Chmielewski was waiting in his vehicle for Trooper Mahurin to arrive on the scene so he could ask Defendant for permission to search the truck. Trooper Chmielewski noted that it was customary to wait for an additional officer to arrive before seeking consent due to “officer safety.” While waiting, Trooper Chmielewski filled out the consent to search form that he planned to ask Defendant to sign. He also reviewed the rental agreement, but acknowledged that it only takes him approximately two minutes to review a rental agreement. He retained Defendant’s driver’s license during this period.

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Cite This Page — Counsel Stack

Bluebook (online)
127 F. Supp. 3d 1126, 2015 U.S. Dist. LEXIS 92555, 2015 WL 4239003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hight-cod-2015.