State v. Beckman

• Court: Nevada Supreme Court
• Writing for the Court: By the Court
• Citation: State v. Beckman, 305 P.3d 912, 129 Nev. Adv. Op. 51 (Nev. 2013)
• Decision Date: 11 July 2013
• Docket Number: No. 57928.,57928.
• Parties: The STATE of Nevada, Appellant, v. Kent Joseph BECKMAN, Respondent.

305 P.3d 912

129 Nev. Adv. Op. 51

The STATE of Nevada, Appellant,

v.Kent Joseph BECKMAN, Respondent.

No. 57928.

Supreme Court of Nevada.

July 11, 2013.

Catherine Cortez Masto, Attorney General, Carson City; Mark Torvinen, District Attorney, and Robert J. Lowe, Deputy District Attorney, Elko County, for Appellant.

Frederick B. Lee, Jr., Public Defender, and Alina M. Kilpatrick and Andrew M. Mierins, Deputy Public Defenders, Elko County, for Respondent.

BEFORE THE COURT EN BANC.¹

OPINION

By the Court, PICKERING, C.J.:

Respondent Kent Beckman was stopped for speeding. The highway patrol officer verified Beckman's license and registration, told him “everything checks good,” and issued a warning. As Beckman began to leave, the officer ordered him to remain until a drug-sniffing dog and handler team could arrive. When the dog arrived, it alerted for the presence of drugs, which was confirmed by the warrantless search that followed. Beckman was arrested and charged with trafficking, possession for sale, and possession of Schedule I and II controlled substances.

Beckman moved to suppress the evidence of contraband because the highway patrol officer unreasonably prolonged the traffic stop, unlawfully “seizing” him, and because exigent circumstances did not justify the warrantless search. The district court granted the motion based on the warrantless search. Because the seizure presents a threshold issue that requires affirmance as a matter of law irrespective of the warrantless search analysis, we focus on it. See Picetti v. State, 124 Nev. 782, 790, 192 P.3d 704, 709 (2008) (district court decision will be affirmed on appeal where court reached correct result).

A traffic stop that is legitimate when initiated becomes illegitimate when the officer detains the car and driver beyond the time required to process the traffic offense, unless the extended detention is consensual, de minimis, or justified by a reasonable articulable suspicion of criminal activity. The prolonged stop in this case met none of these exceptions and violated the United States and Nevada Constitutions. The constitutional violation warrants exclusion of the subsequently discovered evidence.

I.

The essential facts of this case were recorded by videotape and are not disputed. At 7:10 a.m. on a Sunday morning, Trooper Richard Pickers of the Nevada Highway Patrol stopped Beckman on Interstate 80 in Elko, Nevada, for speeding.² Trooper Pickers asked for Beckman's license and registration, which Beckman produced. Trooper Pickers questioned Beckman about his travels, and Beckman answered that he had been driving since 10 p.m. and was on his way to Omaha, Nebraska, to visit his son. At 7:13 a.m., Trooper Pickers told Beckman that he would verify Beckman's documents and issue a warning.

When Trooper Pickers returned to his patrol car, he told his passenger, a new dispatch employee in training, that he suspected criminal activity because of fingerprints on the trunk of Beckman's car. He added that Beckman seemed “overly nervous” and that he, Trooper Pickers, would not drive continuously through the night. When Trooper Pickers radioed dispatch to check Beckman's documents, he asked dispatch to send a drug-sniffing dog/handler team to the scene of the stop.

At 7:18 a.m., Beckman asked for permission to get out of his car to stretch. Trooper Pickers assented and in turn asked for permission to pat Beckman down for weapons. Beckman consented. Beckman and Trooper Pickers then engaged in friendly conversation, largely about Beckman's job as a wine salesperson. A minute later, Trooper Pickers returned Beckman's license and registration and told him “everything checks good ... be careful.” Beckman handed Trooper Pickers a business card and walked back toward his vehicle to leave.

Pickers then asked if he could ask Beckman “a couple of questions,” to which Beckman responded “yes, sir.” Trooper Pickers asked if Beckman had anything illegal in his car and if he could perform a vehicle search. Beckman denied having anything illegal but refused consent to the search. At this point, approximately 7:21 a.m., Trooper Pickers told Beckman that he was no longer free to leave and would have to wait for the canine unit to arrive and perform a sniff search. A minute later, Trooper Pickers gave Beckman a modified version of his Miranda rights.³ While waiting for the canine unit, Trooper Pickers and Beckman continued to talk.

Officer Lowry and his drug-sniffing dog, Duchess, arrived at 7:29 a.m. Two minutes later, Duchess signaled the presence of drugs near the driver's side door of Beckman's vehicle. Trooper Pickers informed dispatch that the dog alerted positively, and he would perform a vehicle search. Trooper Pickers then began a search of the vehicle, and found what he determined to be cocaine in the center console. Thereafter, at 7:40 a.m., Trooper Pickers informed Beckman that he was under arrest, placed him in handcuffs, and secured him in the back of the patrol vehicle.

An additional officer arrived as backup, followed by a tow truck at 8:02 a.m. The three officers, with the tow truck driver's assistance, continued the search until 8:58 a.m. and found additional quantities of cocaine, as well as methamphetamine. During the search, Trooper Pickers was asked about a cut on his hand, and he responded, “That's me getting jazzed up. I don't even feel it. I'm on the search. I'm feeling like there's going to be more.” After the search ended, Trooper Pickers drove Beckman to the sheriff's station.

The State charged Beckman with several drug-related offenses. Beckman filed a motion to suppress in which he argued that Trooper Pickers unlawfully seized him by unnecessarily extending the stop and that the officers further violated his rights by performing a warrantless search. In opposition to the motion, the State argued that Trooper Pickers had reasonable suspicion for the de minimis continued detention and that extenuating circumstances justified the warrantless search. After an evidentiary hearing, the district court granted the motion in a detailed order focusing on the legality of the warrantless search. The State appeals.

II.

“Suppression issues present mixed questions of law and fact.” Johnson v. State, 118 Nev. 787, 794, 59 P.3d 450, 455 (2002), overruled on other grounds by Nunnery v. State, 127 Nev. ––––, ––––, 263 P.3d 235, 250–51 (2011). This court reviews findings of fact for clear error, but the legal consequences of those facts involve questions of law that we review de novo. Cortes v. State, 127 Nev. ––––, ––––, 260 P.3d 184, 187 (2011); State v. Lisenbee, 116 Nev. 1124, 1127, 13 P.3d 947, 949 (2000). The reasonableness of a seizure is a matter of law reviewed de novo. Id.; United States v. Campbell, 549 F.3d 364, 370 (6th Cir.2008).

A.

1.

Using virtually identical words, the United States and Nevada Constitutions both guarantee “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV; seeNev. Const. art. 1, § 18; Cortes, 127 Nev. at ––––, 260 P.3d at 190–91. Temporary detention of individuals during a traffic stop constitutes a “seizure” of “persons” within the meaning of these constitutional provisions. Whren v. United States, 517 U.S. 806, 809–10, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996); see Cortes, 127 Nev. at ––––, –––– n. 7, 260 P.3d at 188–89, 191 n. 7. “An automobile stop is thus subject to the constitutional imperative that it not be ‘unreasonable’ under the circumstances.” Whren, 517 U.S. at 810, 116 S.Ct. 1769. Trooper Pickers had probable cause to believe that Beckman had violated a traffic law by driving 72 miles per hour in a 65–mile–per–hour zone. Thus, the initial stop was reasonable. Id. (“As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.”).

During the course of a lawful traffic stop, officers may complete a number of routine tasks. For example, they may ask for a driver's license and vehicle registration, run a computer check, and issue a ticket. See United States v. Vaughan, 700 F.3d 705, 710 (4th Cir.2012). Officers may also inquire about the occupants' destination, route, and purpose. United States v. Sanchez, 417 F.3d 971, 975 (8th Cir.2005). And if necessary, law enforcement may conduct a brief, limited investigation for safety purposes. Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Dixon v. State, 103 Nev. 272, 273, 737 P.2d 1162, 1163–64 (1987).

Here, Trooper Pickers correctly tailored the initial investigation to the circumstances justifying the stop. See68 Am. Jur. 2d Searches and Seizures § 90 (2010) (“[T]he scope of the detention must be carefully tailored to its underlying justification.”). As with most traffic stops, Trooper Pickers asked for Beckman's driver's license and vehicle registration, which he had dispatch check by computer search. Although Trooper Pickers asked Beckman questions about his travels, this inquiry was within the scope of the lawful traffic stop and did not improperly extend the duration of that stop. Thus, the first phase of Trooper Pickers' investigation, which lasted from approximately 7:10 to 7:19, satisfied the Fourth Amendment's requirement of reasonableness.

2.

But a “seizure that is lawful at its inception can violate the Fourth Amendment if its manner of execution unreasonably infringes interests protected by the Constitution.” Illinois v. Caballes, 543 U.S. 405, 407, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005); see also Florida v. Jardines, 569 U.S. ––––, ––––, 133 S.Ct. 1409, 1416, 185 L.Ed.2d 495 (2013) (explaining that the scope of an officer's investigation is limited by the purpose of the investigation). In Caballes, a police officer stopped Caballes for speeding, and one of the officer's colleagues on the canine unit immediately headed for the scene. Id. at 406, 125...