State v. DIENSTBACH

• Decision Date: 15 June 2010
• Docket Number: No. ED 93837.,ED 93837.
• Citation: 313 S.W.3d 201
• Parties: STATE of Missouri, Respondent, v. David DIENSTBACH, Jr., Appellant.
• Court: Missouri Court of Appeals

313 S.W.3d 201

STATE of Missouri, Respondent,
v.
David DIENSTBACH, Jr., Appellant.

No. ED 93837.

Missouri Court of Appeals, Eastern District, Division Four.

June 15, 2010.

313 S.W.3d 202

Harry M. Swingle, John N. Koester, Jackson, MO, for Appellant.

Jeffrey P. Dix, Jackson, MO, for Respondent.

OPINION

GEORGE W. DRAPER III, Judge.

This is an interlocutory appeal filed by the State of Missouri pursuant to Section 547.200.1(3) RSMo (2000)¹ challenging the trial court's judgment sustaining David W. Dienstbach's (hereinafter, "Defendant") motion to suppress. The State raises one point on appeal, arguing the trial court erred in sustaining the motion to suppress in that the Missouri State Highway Patrol (hereinafter, "the MHP") trooper had jurisdiction and authority to make a traffic stop on a city street when he observed Defendant violating a state traffic law. We reverse and remand.

On May 31, 2009, Trooper Ron Eakins (hereinafter, "Trooper Eakins") was on patrol at 1:24 a.m. in the City of Cape Girardeau, near the intersection of Perry Street and New Madrid Street. Trooper Eakins

313 S.W.3d 203

observed a Ford F-250 truck driving "completely on the wrong side of the road." Trooper Eakins watched the truck approach the intersection and did not believe the truck was going to come to a stop. However, when the driver of the truck saw Trooper Eakins in a marked patrol vehicle, he "slammed" on his brakes

The truck continued traveling down New Madrid Street on the wrong side of the street, prompting Trooper Eakins to activate his emergency lights to pull over the truck. Trooper Eakins made a U-turn on Perry Street to follow the truck, while the driver of the truck pulled into a private driveway and turned off the truck's headlights. Trooper Eakins believed the driver did this in order to avoid him.

Trooper Eakins pulled up behind the truck and made contact with the driver, who was identified as Defendant. Trooper Eakins immediately noticed an odor of alcohol when speaking to Defendant, his speech was slurred, and his eyes were red, glassy, bloodshot, and watery. Trooper Eakins asked Defendant to step out of the vehicle while he called for assistance because there were four other individuals inside the truck.

Defendant was charged with four misdemeanor counts and one infraction as a result of the stop: (1) driving while intoxicated, Section 577.010; (2) driving without a valid license, Section 302.020; (3) possession of an intoxicating liquor by a minor, Section 311.352; (4) failing to register a motor vehicle, Section 301.020; and (5) failing to wear a seatbelt, Section 307.178. Defendant filed a motion to suppress evidence alleging the traffic stop lacked probable cause because Trooper Eakins and Defendant were acquainted and Defendant alleged Trooper Eakins "simply wanted to check things out" when he stopped him. Defendant filed an amended motion to suppress the day before the hearing, stating Trooper Eakins "had no authority to pull Defendant over on a city street for violation of a city ordinance" as an additional ground for relief.

At the hearing, the parties focused on the legality of the stop and did not address or present any evidence gathered after Defendant was asked to exit the vehicle. Trooper Eakins was the sole witness to testify at the hearing. At the conclusion of his testimony, Trooper Eakins stated Defendant committed the driving violation on a city street, but stated, "It's still classified as a highway." The trial court clarified with Trooper Eakins that the violation occurred on a city street, rather than a county road or state highway.

In its judgment sustaining Defendant's motion, the trial court found Defendant was stopped on a city street, as opposed to a county road or state highway, and Defendant was not committing any felony charge at the time of the stop. The trial court noted there was no evidence or testimony presented that a member of the local police department had requested Trooper Eakins assist in any investigation that was ongoing or presently occurring. The trial court found Defendant's arrest was unlawful and suppressed Defendant's statements, the field sobriety test results, the breathalyzer results, and all other evidence obtained by Trooper Eakins during and after the stop. The State filed this interlocutory appeal.

When reviewing a trial court's ruling on a motion to suppress, we must determine whether the decision is supported by substantial evidence. State v. Johnson, 207 S.W.3d 24, 44 (Mo. banc 2006); State v. Ross, 254 S.W.3d 267, 272 (Mo.App. E.D. 2008). We will consider all evidence and reasonable inferences therefrom in the light most favorable to the trial court's ruling. Id. We defer to the trial court's factual findings and credibility determinations.

313 S.W.3d 204

State v. Sund, 215 S.W.3d 719, 723 (Mo. banc 2007); State v. Dickson, 252 S.W.3d 216, 220 (Mo.App. E.D.2008). We will reverse a trial court's ruling on a motion to suppress only if the decision is clearly erroneous and leaves us with a definite and firm impression that a mistake has been made. State v. Dixon, 218 S.W.3d 14, 18 (Mo.App. W.D.2007)

In its sole point on appeal, the State argues the trial court clearly erred in granting Defendant's motion to suppress. The State claims Trooper Eakins had the jurisdiction and authority to make a traffic stop on a city street when he viewed Defendant violating a state law, and as such, Defendant's arrest was legal.

Chapter 43 of the Missouri Revised Statutes governs the MHP. Section 43.025.1 provides the primary purpose of...