United States v. Martinez

518 F.3d 763, 2008 U.S. App. LEXIS 4537, 2008 WL 554812
Court of Appeals for the Tenth Circuit·Decided March 3, 2008·No. 07-3087·Published·Cited by 24 cases

Opinion

GORSUCH, Circuit Judge.

Traffic stops based on allegedly defective temporary vehicle registration tags have given rise to a whole body of law in our court. This case presents yet another twist in that ongoing story. Today, we hold that a trooper who effected a traffic stop because an out-of-state temporary registration permit was not displayed on the rear of the car, as required by Kansas law, did not act unreasonably for purposes of the Fourth Amendment, and we affirm the district court’s judgment to the same effect.

I

Kansas State Trooper Andrew Dean stopped Henry Osvaldo Martinez and his traveling companion, Jennifer Candelas, on 1-70 in Riley County, Kansas, because he saw no license plate attached to the rear of Mr. Martinez’s black Jeep Liberty, as required by K.S.A. § 8-133, which provides that a license plate “shall be attached to the rear” of virtually every vehicle. 1

When Trooper Dean approached the Jeep and explained the problem, Mr. Martinez pointed to the front windshield, where a document was taped on the passenger’s side. The document indicated that it was a “One Trip Permit” from the State of California. The permit was made out to Mr. Martinez, had the vehicle identification number or “VIN” of the Jeep, and was dated the previous day. According to the back of the permit, visible to those inside the car, it was good for, among other things, “one continuous trip from a place within this state to a place within or without this state.” The front of the permit indicated that the departure point of the vehicle was Lawndale, California, and that Mr. Martinez’s destination was Buffalo, New York. According to the instruc *765 tions accompanying the permit, it had “to be affixed to the inside lower right-hand corner of the windshield with the face of the permit showing to the front of the vehicle,” just as, in fact, it was. Next to the permit was a “New Vehicle Dealer Notice Temporary Identification” from a California Jeep dealership purporting to show that the vehicle was originally sold new several months earlier to a Bradley R. Wirtz.

At trial, Trooper Dean, a five and a half year veteran of the Kansas state patrol, testified that he did not recognize either document, was unfamiliar with One Trip permits, and did not know whether the car was lawfully registered. So Trooper Dean asked Mr. Martinez for his license and registration, which Mr. Martinez provided along with a salvage title to the vehicle. Asked about his travel plans, Mr. Martinez replied that he was driving from Los An-geles to Buffalo to start a tattoo parlor. Mr. Martinez added that he and Ms. Candelas had a place to stay in Buffalo, but later seemed to backtrack and indicate that the pair was going to have to look for a place to stay.

Trooper Dean took the documentation to his car and ran a computer check on Mr. Martinez’s license. It proved valid and no criminal history involving drugs appeared. The salvage title, however, was not signed over to Mr. Martinez, and neither did his name appear anywhere on the title. Although Mr. Martinez also provided Trooper Dean with a document indicating that the Jeep had been sold to Mr. Martinez, Trooper Dean testified that he thought it odd that the title itself did not indicate that Mr. Martinez owned the vehicle.

Trooper Dean decided to issue a written warning for violating K. S.A. § 8-133, prepared the warning, and then returned to the Jeep. There, he handed Mr. Martinez his paperwork along with the ticket, told the driver to “have a good one,” and walked back in the direction of his patrol car. Before getting there, Trooper Dean turned, retraced his steps, approached Mr. Martinez again, and inquired whether he could ask a few more questions. Mr. Martinez assented and Trooper Dean asked if he could search the Jeep. Mr. Martinez again agreed, and in a hidden compartment Trooper Dean discovered 9 kilograms of powder cocaine.

After his indictment on a single count of possession with intent to distribute, Mr. Martinez moved to suppress the drugs. In doing so, Mr. Martinez did not challenge his initial detention, conceding that Trooper Dean had sufficient cause to stop the Jeep for suspicion of violating K. S.A. § 8-133. Neither did he complain about the trooper’s request, at the end of the stop, for consent to search the vehicle. Instead, Mr. Martinez focused on what we might call the middle part of his stop — after his initial detention and before the trooper’s request for consent to search. Mr. Martinez contended that Trooper Dean should’ve immediately realized there was no traffic infraction when he saw the One Trip permit attached to the front windshield in accord with California law; Mr. Martinez’s continued detention while Trooper Dean prepared a written warning was, he alleged, unreasonable under the Fourth Amendment.

The district court denied the motion to suppress, reasoning that K.S.A. § 8-133 requires license plates to be placed on the rear of vehicles in Kansas; that the law applies to temporary registrations tags, as well as out-of-state vehicles; and that Mr. Martinez’s display of his tag on the front of his vehicle was therefore unlawful. Given all this, the court reasoned, Mr. Martinez’s detention while the trooper prepared a ticket was reasonable. Following the district court’s ruling, Mr. Martinez *766 pled guilty, reserving the right to challenge the adverse suppression ruling on appeal.

II

Traffic stops in connection with allegedly defective out-of-state and temporary tags have given rise in our circuit to a long line of Fourth Amendment cases. See, e.g., United States v. Ledesma, 447 F.3d 1307 (10th Cir.2006); United States v. Edgerton, 438 F.3d 1043 (10th Cir.2006); United States v. DeGasso, 369 F.3d 1139 (10th Cir.2004); United States v. McSwain, 29 F.3d 558 (10th Cir.1994); United States v. Arciga-Bustamante, 2006 WL 1659779 (10th Cir.2006). But none of these cases answers directly the narrow question posed to us. Because Mr. Martinez does not challenge the beginning or end of his particular stop, the only question we are called upon to answer is whether, after having viewed the One Trip permit but before he sought permission to search, Trooper Dean had reasonable suspicion of a traffic infraction to justify detaining Mr. Martinez while he prepared and issued a ticket. Because no material dispute of fact exists between the parties, this appeal poses purely a question of law that we consider de novo, namely whether the trooper’s conduct was objectively reasonable in light of existing Fourth Amendment jurisprudence. A traffic stop, after all, must be reasonable for Fourth Amendment purposes not merely in its inception but throughout its duration and in the entirety of its scope.

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United States v. Martinez, 518 F.3d 763, 2008 U.S. App. LEXIS 4537, 2008 WL 554812 (10th Cir. 2008).

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