U.S. v. Tibbetts, 2:03cr00168.

• Decision Date: 10 February 2004
• Docket Number: No. 2:03cr00168.,2:03cr00168.
• Parties: UNITED STATES of America, Plaintiff, v. Jesse James TIBBETTS, Defendants.
• Court: U.S. District Court — District of Utah

319 F.Supp.2d 1254

UNITED STATES of America, Plaintiff, v. Jesse James TIBBETTS, Defendants.

No. 2:03cr00168.

United States District Court, D. Utah, Central Division.

February 10, 2004.

Scott Keith Wilson, Salt Lake City, UT, Charles L. Hawkins, Minneapolis, MN, J. Bryan Jackson, Cedar City, UT, David O. Leavitt, Salt Lake City, UT, Richard Sand, St. Paul, MN, for Defendant.

Veda M. Travis, U.S. Atty., Salt Lake City, UT, for U.S.

ORDER AND OPINION

BENSON, District Court.

INTRODUCTION

Before the Court is Defendant Jesse James Tibbets' Motion to Suppress Evidence. Oral argument pertaining to Tibbetts' Motion was heard on July 21, 2003. Tibbetts is challenging the admissibility of evidence obtained during the stop of the motor vehicle he was driving.

FACTS

Sgt. Jeff Chugg¹, a K-9 Sargent with the Utah Highway Patrol and a member of the special operations interdiction team and his K-9, Claudio, were sitting stationary in the median of Interstate 80 on January 7, 2003, observing eastbound traffic when Sgt. Chugg observed a Toyota 4Runner traveling eastbound. As the vehicle passed, Sgt. Chugg noticed something gleaming off of what appeared to be the windshield. Sgt. Chugg decided to pull out and follow the vehicle to get a better view. After having positioned himself for a better view, Sgt. Chugg was able to observe what appeared to be a silver necklace hanging from the rear-view mirror and also what appeared to be a series of wires that came from the driver's side door across the windshield in front of the driver's line of sight.

Sgt. Chugg believed the objects to be a distraction to the driver's vision in violation of the Utah Traffic Code. Sgt. Chugg further observed that the 4Runner appeared to have after market tires which were wider than the factory mudguards. Sgt. Chugg believed that because the mudguards did not fully cover the tires the driver was violating the Utah Traffic Code. Sgt. Chugg made various other observations regarding the vehicle, including the positioning of the cargo in the rear of the vehicle which raised Sgt. Chugg's suspicions of drug trafficking.²

Sgt. Chugg ran a license plate check on the vehicle, which had a California license plate. The plate check showed the vehicle was registered to a woman named Anita Tapia. Sgt. Chugg observed that the vehicle was occupied by two men. Sgt. Chugg then stopped the vehicle and made contact with the driver, Jesse James Tibbetts. While conversing with Tibbetts, Sgt. Chugg noticed a strong odor of what he believed was air freshener and laundry detergent. Based on his training, Sgt. Chugg associated the odors with those commonly used to conceal the odor of narcotics.

Sgt. Chugg explained that he had pulled Tibbetts over because the silver necklace hanging from the rear view mirror was causing a glimmer. Tibbetts removed the necklace from the rear view mirror. Sgt. Chugg then requested that Tibbetts produce a driver's license, registration and proof of insurance. Sgt. Chugg noticed Tibbetts' hands were shaking as he handed him the documentation. Sgt. Chugg also observed that both Tibbetts and his passenger, Christopher Doherty, appeared very nervous. Sgt. Chugg inquired regarding the ownership of the car and Tibbetts responded that it belonged to his girlfriend Anita.

Once Sgt. Chugg had the vehicle documentation he requested that Tibbetts come with him to his patrol car. Sgt. Chugg asked Tibbetts some questions regarding Anita, the registered owner. Tibbetts informed Sgt. Chugg that Anita was his girlfriend and that they had a child together. Tibbetts then informed Sgt. Chugg that Anita and his child were in Tahoe and that he had been visiting them for the New Year's holiday. Tibbetts also stated that he had spent the Christmas holiday with his family in Minnesota and that he and Doherty had driven to California in a 1957 Cadillac. Tibbetts stated that he invited Doherty because of the long drive.

Tibbetts informed Sgt. Chugg that although he and Anita were separated, he was now driving to Minnesota to meet her. Tibbetts explained that Anita and her daughters were leaving her sister's home and flying that same day from California to Minnesota. Tibbetts also told Sgt. Chugg that he was supposed to meet Anita that afternoon in Minnesota, even though he was still 18-24 hours from Minneapolis and did not know the airline Anita would be using.

Tibbetts could not provide Sgt. Chugg with Anita's sister's phone number or address and he also told Sgt. Chugg that Anita did not have a cell phone. During their conversation Tibbetts remained nervous, constantly licking his lips and swallowing. The vehicle registration indicated that Anita lived in Yuba City, California. Tibbetts informed Sgt. Chugg that Anita was not currently residing in Yuba City, but rather in west Sacramento.

Tibbetts then informed Sgt. Chugg that his desire was that Anita and his child would be with him in Minnesota. He then told Sgt. Chugg that he and Anita did not get along very well. Sgt. Chugg thought it strange that Tibbetts was unable to produce Anita's phone number. He also found it strange that Tibbetts did not know Anita's sister's name or address, based on Tibbetts' representation that he and Anita had a child together and because he was driving her vehicle. Sgt. Chugg found many of Tibbetts' answers to be implausible.

Sgt. Chugg requested that Tibbetts remain in his patrol vehicle while he made contact with Doherty, the passenger, to confirm Tibbetts' answers to his questions. Sgt. Chugg asked Doherty about Anita to which he responded that Anita was Tibbetts' girlfriend and the two had been visiting her at her home in Yuba City, California. Doherty did not have any knowledge regarding Anita's flight to Minneapolis later that day. Sgt. Chugg then asked Doherty how he knew Tibbetts. Doherty hesitated in responding, but finally indicated that the two had met at a mechanic's garage. Sgt. Chugg's suspicions were not quelled at that point and his questioning continued. Sgt. Chugg asked Doherty if the vehicle contained money or drugs. Doherty told him no. Sgt. Chugg then asked if he could search the vehicle. Doherty told him that it was not his car and that he could not consent to a search.

Sgt. Chugg then returned to the patrol car to speak with Tibbetts. Sgt. Chugg asked Tibbetts if he knew his passenger's last name. Tibbetts did not know it, but said that he would remember it if he heard it. Tibbetts told Sgt. Chugg that Doherty had wrestled against Tibbetts' brother. Tibbetts then stated that his brother had introduced him to Doherty while they were at a friend's house.

Sgt. Chugg then began to question Tibbetts again about the vehicle. Sgt. Chugg asked Tibbetts if he was planning to return the vehicle to California. Tibbetts said "hopefully" but then stated that he hoped Anita would stay with him in Minnesota. Sgt. Chugg asked about the Cadillac Tibbetts had driven to California. Tibbetts told Sgt. Chugg that he did not have the Cadillac because it was being reupholstered. Sgt. Chugg asked Tibbetts if he had left the Cadillac for Anita to drive to which Tibbetts responded that he had not because the Cadillac was still in the shop.

Sgt. Chugg then asked Tibbetts if the vehicle contained money or drugs and Tibbetts responded that it did not. Sgt. Chugg then asked if he could search the vehicle and Tibbetts stated "I don't care." During Sgt. Chugg's search of the vehicle Tibbetts never requested that he stop searching nor did he limit Sgt. Chugg's search. Ultimately, Sgt. Chugg discovered a large quantity of marijuana.

DISCUSSION

Tibbetts argues that Sgt. Chugg did not have a reasonable, articulable suspicion of criminal activity sufficient to justify the traffic stop of Tibbetts' vehicle on January 7, 2003. The Court employs a two-step inquiry when determining the constitutionality of a traffic stop under the Fourth Amendment. First, the Court considers "`whether the officer's action was justified at its inception.'" Id. (quoting United States v. Gonzalez-Lerma, 14 F.3d 1479, 1483 (10th Cir.1994)). Second, the Court determines "`whether the action was reasonably related in scope to the circumstances that first justified the interference.'" Id. (quoting Gonzalez-Lerma, 14 F.3d at 1483). When evaluating the reasonableness of the initial stop, the Court's "sole inquiry is whether this particular officer had reasonable suspicion that this particular motorist violated `any one of the multitude of applicable traffic and equipment regulations' of the jurisdiction." United States v. Botero-Ospina, 71 F.3d 783, 787 (10th Cir.1995) (citing Delaware v. Prouse, 440 U.S. 648, 661, 99 S.Ct. 1391, 1400, 59 L.Ed.2d 660 (1979)). In essence, the officer must have observed a traffic violation or have a reasonable articulable suspicion that a traffic violation has occurred or is occurring. Id.

In order to satisfy these requirements the peace officer must have a correct understanding of the law. The officer and the United States must also be able to present facts which clearly support the traffic stop. In the present matter the United States argues that Sgt. Chugg met the reasonableness test by articulating what he believed to be three traffic violations. First, Sgt. Chugg viewed what appeared to be a glimmer coming from the windshield; second, Sgt, Chugg observed what appeared to be wires crossing the windshield; and third, the mudguards on the vehicle did not cover the width of the tires. Sgt. Chugg also observed the peculiar placement of items in the cargo area of the vehicle which triggered suspicions of drug trafficking.

The Court finds that the legitimacy of the traffic stop is unsupported by the present state of the record. From the facts presented through Sgt. Chugg, the sole witness at the suppression hearing, the Court is unable to find as a matter of fact that the defendant's vehicle was pulled over for enforcement of Utah's traffic laws. Rather, the facts support a...