Spottswood v. Wash. Cnty.

• Decision Date: 20 January 2022
• Docket Number: 19-cv-1331 (MJD/ECW)
• Court: U.S. District Court — District of Minnesota
• Parties: SHAWN CLARKE SPOTTSWOOD, Plaintiff, v. WASHINGTON COUNTY, MINNESOTA; and SARAH PEULEN, Defendants.

SHAWN CLARKE SPOTTSWOOD, Plaintiff,
v.
WASHINGTON COUNTY, MINNESOTA; and SARAH PEULEN, Defendants.

No. 19-cv-1331 (MJD/ECW)

United States District Court, D. Minnesota

January 20, 2022

REPORT AND RECOMMENDATION

ELIZABETH COWAN WRIGHT UNITED STATES MAGISTRATE JUDGE.

This matter comes before the Court on Defendants Washington County and Deputy Sarah Peulen's Motion for Summary Judgment (Dkt. 71.) The case has been referred to the undersigned United States Magistrate Judge for a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.1. For the following reasons, the Court recommends granting summary judgment to Defendants.

I. FACTUAL BACKGROUND

A. Traffic Stop and Arrest

According to the Initial Complaint Report, on September 27, 2015, Defendant Sarah Peulen (“Deputy Peulen”), a police deputy working for Washington County, was patrolling Denmark Township in a fully marked Washington County squad car. (Dkt. 74-1 at 3.)^[1] During her patrol, Deputy Peulen observed a tan Lincoln automobile with very

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dark tint in the windows and Minnesota plates. (Id.) Deputy Peulen had contact with this vehicle several months earlier and ran the plate to confirm that it was the same vehicle and registered owner. (Id.) After running the plate, Deputy Peulen discovered that the registered owner was Plaintiff Shawn Clarke Spottswood (“Spottswood” or “Plaintiff”) and that his driver's status had been revoked. (Id.) Spottswood conceded in a motion to dismiss the subsequent charges against him in state court that he did not have a valid driver's license, stating that “the officer knew I didn't have license and pulled me over.” (Dkt. 74-3 at 19; Dkt. 86 at 10.)

Deputy Peulen tried to stop the vehicle, which eventually stopped in the driveway of XXXX Neal Avenue. (Dkt. 74-1 at 3.) After discussing why Spottswood was driving without a valid license, a pat-down search, and the discovery that there was no insurance on the vehicle, Deputy Peulen advised Plaintiff that she decided to start a tow on the vehicle and advised Spottswood that she may be taking him to jail to post bail. Plaintiff asked to use his phone to find a ride, but it was not working so, he asked Deputy Peulen for a ride. (Id.)

After reviewing Spottswood's driving record, Deputy Peulen discovered several suspensions for failure to appear or pay fines, and also checked in-house records showing recent contacts with law enforcement in which he had been driving the vehicle. (Id.) Deputy Peulen told Plaintiff that she did not believe he would show up for court if she simply issued him a citation and that he had obviously continued to drive the vehicle without a valid license, so she would be taking him to jail. (Id.)

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B. Washington County Policy

The Washington County Sheriff's Office Policy provides in relevant part as follows:

502.3.1 TOWING AUTHORIZED

(a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action

(b) When a vehicle is being held as evidence in connection with an investigation

(c) When a vehicle cannot be left on a street, public roadway or other designated area lawfully. i.e. no insurance, suspended/revoked registration (registration must be expired for excess of 90 days to be impounded), unsafe equipment, etc. Deputies shall document the reason and need for impoundments in an offense report.

(d) When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, seized vehicles/property and the removal of vehicles obstructing traffic in violation of state or local regulations.

(e) All other situations deemed appropriate by the Office.

502.4 TOWING AT ARREST SCENES

Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this office to provide reasonable safekeeping by towing the arrestee's vehicle subject to the exceptions described below. However, a vehicle shall be towed whenever it is needed for the furtherance of an investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be towed. For example, the vehicle would present a traffic hazard if it were not removed, or the vehicle is located in a high-crime area and is susceptible to theft or damage if left at the scene.

The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of towing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition:

• Traffic-related warrant arrest.

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• Situations where the vehicle was not used to further the offense for which the occupant was arrested nor may be subject to forfeiture proceedings.

• Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene.

In such cases, the handling employee shall note in the report that the owner was informed that the Office will not be responsible for theft or damages.

602.5 VEHICLE INVENTORY

All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if they are closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practicable in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while the owner is in sheriff's custody, to provide for the safety of deputies and the public.

(Dkt. 74-3.)

C. Inventory Search and Seizure of Evidence

During an inventory search of the vehicle, incident to arrest and tow, Deputy Peulen located a set of keys on the driver's side floor, sitting near where the driver's right heel would have been, as if someone placed them on the floor between the center console and the driver's seat. (Dkt. 74-1 at 3.) The keys included a copied vehicle key, a key fob, and a set of jiggler or bump keys, which are generic keys that are used to unlock motor vehicles. (Id.) Deputy Peulen also discovered three cell phones. (Id. at 4.)

Spottswood told Deputy Peulen that the jiggler keys did not belong to him. (Id. at 4.) Specifically, Spottswood claimed that his vehicle had been stolen and when he got the vehicle back from the impound lot, the copied vehicle key and jiggler keys were in the vehicle. (Id.)

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At some unspecified point in time, Deputy Peulen also checked Spottswood's criminal history, which showed multiple convictions for motor vehicle theft, burglary, and possession of burglary tools. (Id. at 4.)

Deputy Peulen noted in her Initial Complaint Report that she transported Spottswood to the Washington County Jail, where he was being held pending judicial review of charges for felony possession of burglary tools, driving after revocation, and no insurance. (Id.) According to Spottswood, he was ultimately charged with not having insurance and he pleaded guilty to this offense. (Dkt. 86 at 6.)

D. Criminal Complaint

On September 28, 2015, a Criminal Complaint was brought against Spottswood for one Count of Possession of Burglary or Theft Tools in violation of Minnesota Statute § 609.59, based on the discovery of the set of jiggler keys in the vehicle and on Spottswood's criminal history, which showed convictions on multiple counts of possession of burglary tools, receiving stolen property, motor vehicle thefts, and a third-degree burglary. (Dkt. 74-3 at 6-7.) The basis for probable cause was the information provided by Deputy Peulen and the Criminal Complaint was signed by Sargent Andrew Elliot Ellickson and Assistant Count Attorney Thomas Wedes. (Dkt. 74-3 at 8.) On the same date, Washington County State District Judge Richard Ilkka found probable cause existed to support Spottswood's arrest and ordered him detained. (Id. at 9.)

E. Trial

There is no evidence in the record that Spottswood sought to suppress evidence of the inventory search of Spottswood's vehicle or the seizure of the jiggler keys. The

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criminal case then proceeded to a jury trial. (Dkt. 74-2.) At trial, Deputy Peulen, consistent with her previous reports, testified that during her patrol she recognized a vehicle that she had previous contact with and ran the plate, which showed “the name of the registered owner and also found that his driving status was listed as revoked, which caused me to initiate a traffic stop on the vehicle.” (Id. at 38-39.) Deputy Peulen also testified that after she turned on her emergency lights, the vehicle turned into the driveway of a farm on Neal Avenue and came to a stop. (Id. at 39.) Deputy Peulen also testified that Spottswood acknowledged that he did not have a valid driver's license. (Id.)

Deputy Peulen further testified that she initially placed Spottswood in the back of her vehicle to contain him for safety reasons until she figured out the situation. (Id. At 41.) He was not yet under arrest. (Id.) At some point after, Deputy Peulen decided to arrest Spottswood as she conducted an inventory search of the vehicle pursuant to Washington County policy for the following reasons:

When a vehicle is being towed, the concern is that there may be items of value in the vehicle that we don't necessarily want to leave in there, so it would sit in a tow yard. Tow yards are generally fenced but the concern is if it's somebody's personal property that is of value, we don't want to leave it in the vehicle for someone else to have access. So we do an inventory to make sure there are no items of value. If there are items of value, we remove them or bring them with to the jail to bring into their property or place them into our evidence room to be returned to the owner.

(Id. at 42.) Deputy Peulen also testified that as part of such a...