State v. Smith

Decision Date16 July 2014
Docket NumberNo. 26806.,26806.
CourtSouth Dakota Supreme Court
PartiesSTATE of South Dakota, Plaintiff and Appellant, v. Rashaud Jauntel SMITH, Defendant and Appellee. and State of South Dakota, Plaintiff, v. Cricket Leanne Corpuz, Defendant.

OPINION TEXT STARTS HERE

Marty J. Jackley, Attorney General, Craig M. Eichstadt, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Amy R. Bartling of Johnson Pochop Law Office, Gregory, South Dakota, Attorneys for defendant and appellee Smith.

WILBUR, Justice.

[¶ 1.] The State of South Dakota appeals the circuit court's suppression of cocaine found on Rashaud Smith's person. We reverse and remand.

FACTS AND PROCEDURAL BACKGROUND

[¶ 2.] At approximately 1:38 P.M. on November 30, 2012, South Dakota Highway Patrol Trooper Brian Biehl stopped a vehicle driven by Crickett Corpuz for following another vehicle too closely on Interstate 90 in Lyman County, South Dakota. Smith was a passenger in the vehicle. As he approached, Trooper Biehl could smell the odor of marijuana 1 coming from the vehicle. Trooper Biehl informed Corpuz that he intended to write her a warning ticket for the driving infraction and he asked her to come to his patrol vehicle.

[¶ 3.] Trooper Biehl had Corpuz join him in his patrol vehicle. He asked Corpuzfor her driver's license and what her travel plans were. She indicated that she and Smith, who she referred to as her boyfriend, were traveling from Washington to the east coast, where Smith attended school. Corpuz also informed Trooper Biehl that Smith's wallet and identification card had been stolen from her purse preventing Smith from boarding an airplane. During this encounter, Trooper Biehl detected the smell of marijuana coming from Corpuz's person. He informed Corpuz that he could smell marijuana on her. Corpuz then admitted to using marijuana, but that it had been awhile, probably days. She denied smoking marijuana in the vehicle. Trooper Biehl told Corpuz that he intended to talk with Smith and search the vehicle.

[¶ 4.] For a second time, Trooper Biehl approached the vehicle and again smelled marijuana. Trooper Biehl asked Smith, who was still sitting in the passenger side of the vehicle, to produce a form of identification. Smith informed Trooper Biehl that his wallet had been stolen and that he did not have an identification card. When Trooper Biehl asked whether Smith attended school on the east coast, Smith replied that he did not, but that he and Corpuz were going to the east coast to visit family. At that point, Trooper Biehl informed Smith that he could smell marijuana on Corpuz and that he could also smell marijuana emanating from the car. Smith then admitted that there was “half a blunt” 2 in the back of the car. Trooper Biehl requested that Smith exit the car for the purpose of searching the vehicle. Trooper Biehl also called for another officer to come and assist him with the stop.

[¶ 5.] Once Smith exited the car, Trooper Biehl handcuffed Smith and stated, “I'm just gonna put you in handcuffs for my safety.” As he was placing Smith's hands in the handcuffs behind Smith's back, Trooper Biehl informed Smith that he was not under arrest and that he was being detained until Trooper Biehl could “find out what [was] ... going on[.] When Smith asked why he was being detained, Trooper Biehl responded, “because there's marijuana in the vehicle.” Trooper Biehl also asked whether Smith had any weapons on his person and Smith replied that he did not.

[¶ 6.] At approximately 1:48 P.M., Trooper Biehl patted down Smith's person. In conducting the search, Trooper Biehl lifted Smith's pant leg and found a bulge in his sock. Trooper Biehl testified that he was not able to immediately identify the bulge, but that he “assumed it was probably some of the marijuana that they had been talking about that he had admitted that they had marijuana in the vehicle.” Trooper Biehl then removed the bulge and discovered it to be a package of white powder. He asked Smith what the substance in the package was and Smith stated that it was “coke.”

[¶ 7.] Trooper Biehl then ordered Smith to sit in the ditch while Trooper Biehl searched the vehicle. He found a small plastic bag with 0.1 ounce of marijuana in Corpuz's makeup bag in the rear area of the vehicle, three TracFones with the batteries removed, a bullet, and Smith's wallet containing his identification card, which was located underneath the passenger seat. Another officer arrived on the scene and Trooper Biehl asked that Smith be placed in the other officer's patrol vehicle. Trooper Biehl then returned to his vehicle to speak with Corpuz and advised her that he had found marijuana in her makeup bag. Corpuz responded, “so clearly that's where he [Smith] put it.” Trooper Biehl then asked, “It's not yours?” Corpuz again stated that she had not smoked marijuana in several days. During his search, Trooper Biehl also noticed that the kick panel on the rear door of the passenger side was out of place. He requested that the vehicle be towed for further investigation.

[¶ 8.] Trooper Biehl advised Corpuz that she was under arrest for possession of marijuana and that he was going to arrest Smith for possession of cocaine. At approximately 2:15 P.M., Trooper Biehl placed Smith under arrest for possession of cocaine. Smith asked Trooper Biehl why Corpuz was under arrest. When Trooper Biehl told Smith that Corpuz was being arrested for the marijuana in her makeup bag, Smith claimed that it was his marijuana. At approximately 2:17 P.M., Trooper Biehl advised the law enforcement officer transporting Smith to let the jail know that Smith was being arrested for possession of cocaine and possession of marijuana.

[¶ 9.] A subsequent search of the passenger door revealed eight, vacuum-sealed, one-half pound packages of marijuana. The driver's side door had also been tampered with, and a search of that door panel revealed eight more, vacuum-sealed, one-half pound packages of marijuana.

[¶ 10.] On December 3, 2012, Smith was charged by criminal complaint with possession of a controlled substance, possession of marijuana with intent to distribute, possession of marijuana (less than ten pounds), and possession of drug paraphernalia. A grand jury indicted Smith on the same charges.

[¶ 11.] Smith filed a motion to suppress the evidence obtained from the traffic stop. A hearing on that motion was held on May 22, 2013. At the hearing, Trooper Biehl testified that he conducted the pat-down of Smith for safety reasons because he was the only officer present and he was concerned about someone standing behind him while he conducted a search of the vehicle. He further testified that a safety concern was only part of the reason why he searched Smith—he was also searching for contraband because he believed he had probable cause to do so after smelling marijuana in the vehicle, on Corpuz's person, and after Smith admitted that there was marijuana in the vehicle.

[¶ 12.] The circuit court suppressed the cocaine seized from Smith's person determining that the State had failed to establish that the warrantless search of Smith's person was justified as a search incident to arrest or as a valid pat-down search. The circuit court also denied the application of the inevitable discovery doctrine to admit the cocaine as evidence. The court denied suppression as to the evidence found in the vehicle. The court filed its memorandum decision on June 27, 2013, and its findings of fact and conclusions of law on August 13, 2013.

[¶ 13.] The State filed a motion to reconsider the suppression of the cocaine based on the automobile exception to the search warrant requirement on August 1, 2013. The circuit court denied the motion concluding that the automobile exception was inapplicable. Thereafter, the State filed its petition for intermediate appeal and this Court granted that petition on October 11, 2013.

STANDARD OF REVIEW

[¶ 14.] We review the circuit court's grant or denial of a motion to suppress involving an alleged violation of a constitutionally protected right under the de novo standard of review. State v. Leigh, 2008 S.D. 53, ¶ 7, 753 N.W.2d 398, 401. “The [circuit] court's findings of fact are reviewed under the clearly erroneous standard, but we give no deference to the [circuit] court's conclusions of law.” State v. Mohr, 2013 S.D. 94, ¶ 12, 841 N.W.2d 440, 444. And [a]s a general matter[,] determinations of reasonable suspicion and probable cause should be reviewed de novo on appeal.” State v. Hirning, 1999 S.D. 53, ¶ 9, 592 N.W.2d 600, 603 (quoting Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911 (1996)).

DECISION

[¶ 15.] “The Fourth Amendment's prohibition against unreasonable searches and seizures requires generally the issuance of a warrant by a neutral judicial officer based on probable cause prior to the execution of a search or seizure of a person.” Mohr, 2013 S.D. 94, ¶ 13, 841 N.W.2d at 444 (quoting State v. Sound Sleeper, 2010 S.D. 71, ¶ 15, 787 N.W.2d 787, 791). “Warrantless searches are per se unreasonable, apart from a few, [well-delineated] exceptions.” Hirning, 1999 S.D. 53, ¶ 10, 592 N.W.2d at 603. Search incident to lawful arrest is one of the well-delineated exceptions to the warrant requirement. State v. Zahn, 2012 S.D. 19, ¶ 30, 812 N.W.2d 490, 499. “Reasonableness of a search depends on balancing the public's interest in preventing crime with the individual's right to be free from arbitrary and unwarranted governmental intrusions into personal privacy.” Hirning, 1999 S.D. 53, ¶ 11, 592 N.W.2d at 603.

Search Incident to Lawful Arrest

[¶ 16.] The State asserts that the search of Smith's person was valid incident to his lawful arrest. The State contends that even though the search of Smith's person occurred prior to his arrest, the search is justified under Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980).

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