State v. Bradshaw

• Decision Date: 04 March 2003
• Docket Number: No. ED 81556.,ED 81556.
• Parties: STATE of Missouri, Appellant, v. Julius BRADSHAW, Respondent.
• Court: Missouri Court of Appeals

99 S.W.3d 73

STATE of Missouri, Appellant, v. Julius BRADSHAW, Respondent.

No. ED 81556.

Missouri Court of Appeals, Eastern District, Division One.

March 4, 2003.

COPYRIGHT MATERIAL OMITTED

Gary J. Richards, Troy, MO, for Appellant.

Thomas Gabel, Troy, MO, for Respondent.

GEORGE W. DRAPER III, Judge.

Julius Bradshaw (hereinafter, "Defendant") was charged with one count of possession of a controlled substance. Defendant filed a motion to suppress the evidence seized during a search of his vehicle. The trial court granted Defendant's motion, and the State filed an interlocutory appeal pursuant to Section 547.200.1 RSMo (2002)¹ from the trial court's order. We affirm.

The facts are essentially undisputed and are as follows: Detective Raymond M. Floyd (hereinafter, "Det.Floyd") of the Troy City Police Department observed a vehicle parked on the side of the road in Lincoln County. Det. Floyd recognized the passenger in the vehicle, whom he identified as Duane Bowles (hereinafter, "Bowles"). Det. Floyd called dispatch, which confirmed Det. Floyd's belief that Bowles had an outstanding warrant for his arrest based on his failure to appear for a driving while intoxicated charge.

Upon learning of the outstanding warrant, Det. Floyd attempted to stop the vehicle in order to arrest Bowles. Defendant, the driver, pulled away from the side of the road before Det. Floyd could stop the vehicle. Det. Floyd activated his emergency siren, and the vehicle eventually stopped three blocks away. Defendant and Bowles exited the vehicle upon stopping, but Det. Floyd directed them to return to the vehicle in order for him to obtain backup.

Det. Floyd approached the vehicle and asked Bowles to step out of the vehicle and placed him under arrest. Bowles was placed in the back of the patrol car. Det. Floyd then returned to Defendant's vehicle and had him exit. Defendant's name was checked by dispatch, and Defendant had no outstanding warrants. However, Det. Floyd proceeded to search Defendant's car, stating he was searching it incident to Bowles's arrest.

Det. Floyd recovered a small cigar tube located in a cup holder in the front compartment of the vehicle. The tube contained plant material and a white-colored residue. When Det. Floyd questioned Defendant as to whether the tube belonged to him, he mumbled a response and shook his head. Det. Floyd noticed Defendant had something in mouth and when he asked him what it was, Defendant began to chew up whatever the object was in his mouth.

Defendant was arrested and charged with possession of a controlled substance. Defendant's trial counsel filed a motion to suppress the seized evidence on May 6, 2002. A hearing was held on July 2, 2002. Det. Floyd admitted Defendant was not engaged in any illegal activity when he initially observed him parked on the side of the road. Moreover, Det. Floyd testified Defendant did not commit any traffic violations, and he did not issue him any traffic tickets.

Det. Floyd further stated that after Bowles was arrested and secured in the patrol car, Defendant was not free to leave because he needed to conduct a search of Defendant's vehicle pursuant to Bowles's arrest. Det. Floyd admitted he did not ask for Defendant's consent to search the vehicle, he did not advise Defendant of his rights, and he questioned Defendant while he conducted the search of the vehicle.

The trial court issued its written ruling granting Defendant's motion to suppress on July 24, 2002. The State now seeks this interlocutory appeal.

At a suppression hearing, the State bears both the burden of producing evidence and the risk of nonpersuasion to show by a preponderance of the evidence that the motion to suppress should be overruled. State v. Milliorn, 794 S.W.2d 181, 184 (Mo. banc 1990). When reviewing a motion to suppress, we examine the record made at the motion to suppress hearing as well as the trial record. State v. Collins, 816 S.W.2d 257, 258 (Mo.App. E.D.1991). In so reviewing, we view the facts in the light most favorable to the order challenged on appeal. State v. Riddle, 843 S.W.2d 385, 386 (Mo.App. E.D. 1992).

If neither party disputes the facts, whether the trial court was correct in its ruling must be measured solely by whether the evidence is sufficient to sustain the findings. State v. Taylor, 965 S.W.2d 257, 261 (Mo.App. E.D.1998)(citing State v. Franklin, 841 S.W.2d 639, 641 (Mo. banc 1992)). While we "may not substitute our discretion for that of the trial court, and may not reverse even if we believe we would have weighed the evidence differently," we must "consider the ruling in light of the proper application of the precepts of the Fourth Amendment." Taylor, 965 S.W.2d at 261 (quoting State v. Stevens, 845 S.W.2d 124, 128 (Mo.App. E.D.1993)).

The Fourth Amendment to the United States Constitution preserves the right of citizens to be free from unreasonable searches and seizures. U.S. Const. Amend. IV.

Generally, a search or seizure is only permissible if there is probable cause to believe a person has committed or is committing a crime. Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225, 13 L.Ed.2d 142 (1964). For Fourth Amendment purposes, a "seizure" occurs "whenever a police officer accosts an individual and restrains his freedom to walk away." Terry v. Ohio, 392 U.S. 1, 16, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Not all "personal intercourse" between the police and individuals involves "seizures" of persons. Id. at 19 n. 16, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889. "Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a `seizure' has occurred." Id. In other words, a seizure occurs "only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he [or she] was not free to leave." State v. Werner, 9 S.W.3d 590, 600 (Mo. banc 2000)(quoting Michigan v. Chesternut, 486 U.S. 567, 573, 108 S.Ct. 1975, 100 L.Ed.2d 565 (1988)).

However, the United States Supreme Court has held that the Fourth Amendment allows a brief investigative detention if the officer has a reasonable suspicion, based on specific and articulable facts, that the person is involved in criminal activity. Terry, 392 U.S. at 21, 88 S.Ct. at 1880; Franklin, 841 S.W.2d at 641. In determining whether the seizure and search were unreasonable, a court must determine "whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place." Terry, 392 U.S. at 20, 88 S.Ct. at 1879.

A routine traffic stop based upon the violation of state traffic laws is a justifiable seizure under the Fourth Amendment. State v. Slavin, 944 S.W.2d 314, 317 (Mo.App. W.D.1997). "[S]o long as the police are doing no more than they are legally permitted and objectively authorized to do, [the resulting stop or] arrest is constitutional." Id. However, the fact that the police may detain a person for a routine traffic stop does not justify indefinite detention. The detention may only last for the time necessary for the officer to conduct a reasonable investigation of the traffic violation. State v. Woolfolk, 3 S.W.3d 823, 829 (Mo.App. W.D.1999)

During a routine traffic stop, an officer may request a driver's license and vehicle registration, run a computer check, and issue a citation. Riddle, 843 S.W.2d at 387. When the driver has produced a valid license and proof that he or she is entitled to operate the car, he or she must be allowed to proceed on his or her way, without being subject to further delay by police for additional questioning. Id. Any detention that "extends beyond the time reasonably necessary to effect its initial purpose, the seizure may lose its lawful character" unless reasonable suspicion of another crime arises. Id., (quoting State v. Hyland, 840 S.W.2d 219, 221 (Mo. banc 1992)).

The State claims the trial court erred in granting Defendant's motion to suppress in that the search was legal because it was pursuant to an occupant's arrest as per the dictates of New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). Defendant argues that the trial court correctly suppressed the evidence because the search was improper as per the fundamental principles established in Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), which he claims were not altered by the holding in Belton.

In Belton, a New York Highway Patrol officer stopped a car for traveling at an excessive rate of speed. Four men, including Belton, were in the car. Belton, 453 U.S. at 455, 101 S.Ct. at 2861. The officer smelled burnt marijuana and saw an envelope labeled "Supergold," which he associated with marijuana, lying on the floor of the car. Id. at 456, 101 S.Ct. at 2862. Upon questioning, he discovered that none of the four men owned the car or were related to the owner. Id. The officer arrested all four men for possession of marijuana.

After patting down the men and separating them, the officer picked up the envelope and found that it contained marijuana. Id. He then proceeded to search the men and the passenger compartment of the car, where he found Belton's leather jacket. Id. He unzipped one jacket pocket and discovered cocaine. Id. Belton was charged with criminal possession of a controlled substance. Id. Belton moved to suppress the cocaine, and the trial court overruled his objection. Belton pleaded guilty to a lesser charge but preserved his constitutional claim. Id.

The Supreme Court upheld the search, holding that when a police officer has made a lawful custodial arrest of an occupant of an automobile, the officer may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile. Id. at 460, 101 S.Ct. at 2864. The Court relied on Chimel for the principle that this type of search was justified...