Way v. State

100 P.3d 902, 2004 Alas. App. LEXIS 206, 2004 WL 2486265
CourtCourt of Appeals of Alaska
DecidedNovember 5, 2004
DocketNo. A-8633
StatusPublished

This text of 100 P.3d 902 (Way v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Way v. State, 100 P.3d 902, 2004 Alas. App. LEXIS 206, 2004 WL 2486265 (Ala. Ct. App. 2004).

Opinion

OPINION

COATS, Chief Judge.

A state trooper thought he recognized a van which drove by him as one belonging to the defendant, J. Lee Way. The trooper had heard that Way’s van contained a methamphetamine lab. But when the trooper tried to read the license plate on the van, he was unable to read it. The trooper had another officer stop the van, and the troopers discovered the methamphetamine lab and methamphetamine in the van. The State charged Way with misconduct involving a controlled substance in the fourth degree (for possession of methamphetamine). Way moved to suppress the evidence discovered as a result of the traffic stop. The State argued that the troopers could stop Way under a statute which required vehicle license plates to be “maintained in a location and condition so as to be clearly legible.” Way contends that the troopers did not have probable cause to stop him for having an illegible license plate and, alternatively, that the stop was illegal because it was a pretext stop made only to allow the police to investigate the methamphetamine lab tip. Superior Court Judge Richard D. Saveli found that the troopers had probable cause to stop Way for having an illegible license plate and that the troopers were entitled to stop Way when they were unable to identify the van due to the illegible license plate. We uphold Judge Sa-veli’s decision.

Factual background

At around 1:50 a.m. on May 6, 2002, Alaska State Trooper Patrick Johnson was called to assist in a welfare check at an apartment complex on Bradway Road in Fairbanks. [903]*903After completing this task, Trooper Johnson was running checks on the license plates of vehicles in the parking lot. Trooper Johnson had previously requested backup for the welfare check, and Trooper Raymond Evarts was on his way to the scene.

While waiting for Trooper Evarts to arrive, Trooper Johnson observed a blue van traveling east on Bradway Road. Trooper Johnson suspected that this van belonged to J. Lee Way. Trooper Johnson had information that Way’s van contained a methamphetamine lab.

Trooper Johnson went out to the roadway to get a look at the van’s license plate. It was dark, and Trooper Johnson attempted to use his flashlight to read the plate. Trooper Johnson was about 25 to 30 feet from the plate when he tried to read it. The trooper testified that the van was slowing down to make a left-hand turn. However, the plate was bent upwards and he could not determine the license number.

Trooper Johnson went back to his ear and used his radio to request Trooper Evarts to stop the van. Trooper Johnson testified that he ordered the stop because the license plate was illegible and he wanted to know whether the van belonged to Way. He did not tell Trooper Evarts why he wanted the van stopped. Trooper Evarts stopped the van, driven by Way, and Trooper Johnson arrived at the scene shortly thereafter.

Trooper Johnson immediately detected the odor of iodine coming from the van and noticed, in plain view, a small bag of white powder, and items used in the manufacture of methamphetamine. He obtained a search warrant and searched the van. Although the State charged Way with a drug offense, the State never charged Way with having an illegible license plate.

After the State indicted Way, he moved to suppress the evidence found in the van. Judge Saveli conducted the evidentiary hearing. Trooper Johnson testified at the hearing. Judge Saveli concluded that Trooper Johnson’s testimony established that he had probable cause to believe that Way was in violation of the statute which required vehicle license plates to be “maintained in a location and condition so as to be clearly legible.” He also concluded that there was no basis to find that the stop was illegal based upon the contention that the stop was a pretext to allow the police to investigate whether the van had a methamphetamine lab. He concluded that because Trooper Johnson had probable cause to believe that Way was violating the law because his license plate was illegible, it did not matter if the trooper subjectively had another reason to stop the van. He also stated that it could not be said that the stop was pretextual. He found that Trooper Johnson had a valid reason to verify whether the van he saw was the van he was investigating by doing a non-intrusive license plate check. When the trooper was unable to do this check because the license plate was illegible, the trooper was authorized to stop the van based on the license plate violation.

Judge Saveli did not err in finding that Trooper Johnson had probable cause to stop Way for having an illegible license plate

Alaska Statute 28.10.171(b) provides in pertinent part that all vehicle license plates must “be securely fastened to the vehicle ... with the upper edge of the plate horizontal ... and maintained in a location and condition so as to be clearly legible.”

Way contends that Judge Saveli erred in finding that Trooper Johnson had probable cause to stop him for having an illegible license plate. But we are to uphold Judge Saveli’s findings of fact, including his findings concerning the credibility of witnesses, unless they are clearly erroneous. Judge Saveli observed Trooper Johnson testifying at the hearing and found his testimony credible. According to Trooper Johnson’s testimony, he was standing beside the roadway attempting to read Way’s license plate from a distance of 25 to 30 feet. He testified that he normally would be able to see a license plate from this distance and under these conditions, but he was unable to read Way’s license plate. It appears to be uncontested that Way’s license plate was mounted at an angle, which would violate the statute’s requirement that the plate be secured “with the upper edge of the plate horizontal.” Furthermore, it appears to be uncontested [904]*904that the license plate was bent upwards. Way contends that, even with these.defects, the license plate was legible. But Trooper Johnson testified that it was not. Judge Saveli accepted this testimony. Trooper Johnson’s testimony established probable cause to believe that Way’s van was being driven in violation of the statute.

Judge Saveli did not err in determining that the stop was not pretextual

Way argues that Trooper Johnson ordered the traffic stop on his van to investigate whether Way was in possession of drugs, not to enforce the statute which prohibited having an illegible license plate. Way points to Brown v. State1 where the supreme court stated that “an arrest (or traffic stop) should not be used as a pretext for a search.”2 Way acknowledges that, subsequent to this case, a unanimous United States Supreme Court, in Whren v. United States,3 held that as long as an officer has a lawful reason to make a traffic stop, the stop is permissible under the Fourth Amendment to the United States Constitution. In Whren, the Supreme Court held that the officer’s subjective intent to use the traffic stop to enforce other laws, such as laws prohibiting the possession of illegal drugs, is irrelevant in determining the lawfulness of the stop. The great majority of courts which have considered the issue have followed the objective standard approved by the Supreme Court in Whren.'4 But Way points to the decision of the Washington Supreme Court in State v. Ladson,5 where the court rejected Whren

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Related

Whren v. United States
517 U.S. 806 (Supreme Court, 1996)
State v. Ladson
979 P.2d 833 (Washington Supreme Court, 1999)
Brown v. State
580 P.2d 1174 (Alaska Supreme Court, 1978)
McCoy v. State
491 P.2d 127 (Alaska Supreme Court, 1971)
Clark v. State
574 P.2d 1261 (Alaska Supreme Court, 1978)
People v. Robinson
767 N.E.2d 638 (New York Court of Appeals, 2001)
State v. Ladson
138 Wash. 2d 343 (Washington Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
100 P.3d 902, 2004 Alas. App. LEXIS 206, 2004 WL 2486265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/way-v-state-alaskactapp-2004.