State v. Diaz-Ruiz

• Decision Date: 17 July 2009
• Docket Number: No. 100,927.,No. 100,926.,100,926.,100,927.
• Citation: 211 P.3d 836
• Parties: STATE of Kansas, Appellant, v. Miguel DIAZ-RUIZ and Serafin Diaz-Gomez, Appellees.
• Court: Kansas Court of Appeals

211 P.3d 836

STATE of Kansas, Appellant, v. Miguel DIAZ-RUIZ and Serafin Diaz-Gomez, Appellees.

No. 100,926.

No. 100,927.

Court of Appeals of Kansas.

July 17, 2009.

Tony Cruz, assistant county attorney, and Steve Six, attorney general, for appellant.

Steven C. Staker, of North Central Regional Public Defender's Office, and Linda M. Barnes-Pointer, of Junction City, for appellees.

Before MARQUARDT, P.J., MALONE and CAPLINGER, JJ.

CAPLINGER, J.

The State appeals from the district court's order suppressing evidence discovered in the search of the defendants' vehicle following a traffic stop. Because we agree that the scope of the stop was unlawfully extended, and the subsequent consent to search was not sufficiently attenuated from the prior unlawful detention to purge the taint of the illegality, we affirm the suppression.

I. Factual and procedural background

The district court held a combined hearing on the individual suppression motions filed by the defendants, Miguel Diaz-Ruiz and his father, Serafin Diaz-Ruiz. The following factual summary is derived from two sources: (1) the testimony of Kansas Highway Patrol Trooper Christopher Shane Nicholas, the only witness to testify at the hearing; and (2) the videotape of the traffic stop, which was admitted at the hearing.

Nicholas was parked in the median observing traffic on Interstate 70 in Geary County when he saw a pickup truck traveling eastbound with a ladder strapped in the bed of the truck. Although the ladder did not move, Nicholas followed the truck because the ladder was strapped at an angle "and it just — it didn't look right."

As Nicholas followed the truck, he saw the ladder move from "side to side." He activated his emergency lights and pulled the truck over based solely on his belief that the ladder was loose and could pose a road hazard in violation of K.S.A. 8-1906.

The videotape of the stop, which began recording as the defendants' truck pulled over to the side of the road, reveals that the ladder did not move as the driver pulled over.

As Nicholas approached the cab of the truck, he gave the ladder a firm tug. Although the ladder moved from "side to side several inches," Nicholas determined the ladder "probably wasn't going to fall off."

Nicholas approached the passenger side of the truck and advised the defendants that he had stopped them because he suspected the ladder was loose. However, Nicholas stated, "I think it might stay where it's at." The videotape confirms this was Nicholas' first and last reference to the ladder.

Nicholas then asked the defendants where they had come from and where they were going. Diaz-Ruiz, the driver, responded that they were traveling to Kansas City. In response to Nicholas' request for a driver's license, Diaz-Ruiz produced a New Mexico identification card. Nicholas then told Diaz-Ruiz, "I'm not going to give you a ticket." Through further questioning, Nicholas ascertained that Diaz-Gomez was Diaz-Ruiz' father and the owner of the truck, and the two men planned to do some remodeling work for Diaz-Ruiz' sister.

After again checking the security of the ladder and other items in the truck bed, Nicholas returned to his patrol car and ran a driver's license check, which revealed that Diaz-Ruiz' driver's license was suspended. Nicholas also claimed he wrote a warning to Diaz-Ruiz for failing to secure his load, but opted to give him only a verbal warning.

However, the videotape reveals that approximately 5-6 minutes later, Nicholas returned to the passenger side of the truck, handed Diaz-Ruiz his documents, and advised him his license was suspended. Nicholas did not, however, give Diaz-Ruiz a written or verbal warning for failing to secure his load. Nor did Nicholas arrest Diaz-Ruiz or give him a citation for driving with a suspended license. Instead, he simply advised Diaz-Ruiz that his father would have to drive. Nicholas did not verify whether Diaz-Gomez had a valid driver's license.

Without waiting for the two men to switch places, Nicholas then asked Diaz-Ruiz where his sister lived, and repeated that Diaz-Gomez "probably needs to drive if he can." Nicholas then said, "all right," took a step away from the truck, but immediately turned back to the passenger window and asked the defendants if they "would mind answering a few more questions." Diaz-Ruiz nodded affirmatively.

Nicholas then proceeded to question the men about their remodeling plans and whether they had guns, drugs, or anything illegal in the truck. After Diaz-Gomez responded negatively, Nicholas asked for consent to "inspect his load." Diaz-Ruiz nodded affirmatively. Nicholas ordered Diaz-Ruiz to put the truck in park and told the defendants to "switch places real quick and just sit here."

The two men remained inside the cab while Nicholas and another officer searched the truck. The officers discovered approximately 300 pounds of marijuana underneath the plywood in the bed of the truck.

Diaz-Ruiz and Diaz-Gomez were each charged with one count of possession of marijuana with intent to deliver in violation of K.S.A.2008 Supp. 65-4163(a)(3) and one count of no drug tax stamp in violation of K.S.A. 79-5204(a) and K.S.A. 79-5208.

Prior to trial, both defendants moved to suppress evidence seized in the search, claiming (1) the initial traffic stop was not supported by reasonable suspicion; (2) the stop lasted longer than necessary to effectuate its purpose; (3) they did not consent to the search; and (4) even if they did consent, that consent did not purge the taint of the unlawful detention.

The district court concluded the initial traffic stop was justified based on the trooper's concern that the ladder was not properly secured. However, the trial court determined that after Nicholas dispelled his concern by checking the ladder, he had no further basis to continue the stop. Thus, the court held that Nicholas' subsequent questioning of the defendants and review of documentation unlawfully extended the scope of the stop. Alternatively, the district court concluded that even if the scope of the stop was not unlawfully extended, the defendants' consent to search was involuntary. Finally, the district court found that if the consent was voluntary, it did not purge the taint of the unlawful detention.

The State appeals the district court's suppression orders in both cases, which have been consolidated for appeal.

II. Discussion

On appeal, the State first challenges the district court's determination that the scope of the stop was unlawfully extended. The State argues that because the initial stop was justified on the basis of a traffic violation, Trooper Nicholas did not exceed the scope of the stop by asking for a driver's license and proof of insurance and checking the validity of the driver's license. The defendants counter that the purpose of the traffic stop was fulfilled when Nicholas determined the ladder was properly secured, and any further detention was unlawful.

This court reviews a district court's decision on a motion to suppress under a dual standard. While we apply a substantial competent evidence standard to the factual underpinnings of the district court's decision, we review the ultimate legal conclusion drawn from those facts de novo. State v. Porting, 281 Kan. 320, 324, 130 P.3d 1173 (2006).

Substantial evidence is legal and relevant evidence a reasonable person could accept as being adequate to support a conclusion. State v. Walker, 283 Kan. 587, 594-95, 153 P.3d 1257 (2007). We do not reweigh evidence, resolve conflicts in the evidence, or reassess witness credibility. State v. Ackward, 281 Kan. 2, 8, 128 P.3d 382 (2006). Accordingly, although we may consider whether a videotape of a traffic stop supports the district court's factual findings, we do not review the videotape in an effort to invade the district court's province of determining witness credibility or weighing the evidence. State v. Hess, 37 Kan.App.2d 188, 191, 153 P.3d 557 (2006).

The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights prohibit the government from conducting unreasonable searches and seizures. State v. Ross, 37 Kan.App.2d 126, 129, 149 P.3d 876, rev. denied 284 Kan. 950 (2007) (citing Terry v. Ohio, 392 U.S. 1, 20-21, 88 S.Ct. 1868, 20 L.Ed.2d 889 [1968]).

Generally, evidence obtained, either directly or indirectly, as the result of an unreasonable search or seizure cannot be used against the defendant in a criminal prosecution. See, e.g., Herring v. United States, 555 U.S. ___, 129 S.Ct. 695, 699, 172 L.Ed.2d 496 (2009) (explaining limited applicability of exclusionary rule); Wong Sun v. United States, 371 U.S. 471, 487-88, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963) (explaining fruit of the poisonous tree doctrine).

A traffic stop is an investigatory detention, and is a seizure implicating the Fourth Amendment. State v. Thompson, 284 Kan. 763, 773, 166 P.3d 1015 (2007). An investigatory traffic stop is reasonable, and thus constitutional, if (1) the stop is justified at its inception and (2) the scope and duration of the stop are reasonably related to the initial justification for the stop. State v. Smith, 286 Kan. 402, 407, 417-19, 184 P.3d 890, cert. denied ___ U.S. ___, 129 S.Ct. 628, 172 L.Ed.2d 639 (2008); State v. Mitchell, 265 Kan. 238, 241, 960 P.2d 200 (1998).

Preliminarily, we note that neither defendant cross-appealed the district court's conclusion that the initial stop was justified based on Nicholas' concerns that the defendants' ladder was not properly secured. Thus, that issue is not before us on appeal. See K.S.A. 60-2103(h) (to obtain appellate review appellee must file notice of cross-appeal from adverse rulings).

A. The Scope of the Stop Was Unlawfully Extended.

The State argues the scope of the stop was not improperly extended by his request for a driver's license because it is permissible for a law enforcement officer, during a routine stop, to request...